American Welding & Engineering Co. v. Luebke

We are of the opinion that the decision of this court in Abbott Laboratories v. Norse Chemical Corp. (1967), 33 Wis. 2d 445, 147 N. W. 2d 529, is decisive of the issue in the case presently under consideration. We are also appreciative of the fact that Abbott, supra, was a case of first impression in Wisconsin, and that the decision was rendered subsequent to that of the trial court in the instant case and therefore not available to either the trial court or counsel.

The issues presented in Abbott, supra, were twofold: (1) Technology of the production process of a synthetic sweetener, and (2)…