Legal Opinion
Health Products Corp. v. Ex-Lax Mfg. Co.
District Court, E.D. New York
Decided November 17, 1926No. 2237PublishedCited by 1 opinion
1Opinion of the Court
MOSCOWITZ, District Judge.
This is a suit for a patent infringement, brought by the Health Products Corporation, owner of Sulzberger patent, No. 1,038,227, against the Ex-Lax Manufacturing Company, for the manufacture of a chewing gum containing phenolpthaiein. The title to the patent is not in dispute. The question before this court is whether the patent is valid and has been infringed.
Claim 1 of the Sulzberger patent No. 1,038,227, reads: “A chewing gum containing phenolpthaiein.” This claim is ambiguous and indefinite. Does the claim mean that the gum center should contain phenolpthaiein,…
2Cases cited7 opinions
- Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
- White v. DunbarSupreme Court of the United States · 1886
- Florsheim v. SchillingSupreme Court of the United States · 1890
- Pearce v. MulfordSupreme Court of the United States · 1880
- International Cork Co. v. New Process Cork Co.Court of Appeals for the Second Circuit · 1925
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Esnault-Pelterie v. Chance Vought Corp.District Court, E.D. New York · 1932