Graves v. Kell-Dot Industries, Inc.

GIBSON, Chief Judge.

This is an action for patent infringement in which jurisdiction is based on §§ 1338(a) and 1400(b), Title 28 United States Code. Plaintiff’s amended complaint alleges that his patent #2,842,072, is being infringed both equivalently and actually by defendants’ food processing machine.

Plaintiff’s patent describes a food processing machine for extruding and puffing cereal meal. The machine consists essentially of a housing with a bore therein, a rotatable member within the bore with a helical ridge on the periphery, a single extrusion die plate with a plurality of extrusion…