Berlin Mills Co. v. Procter & Gamble Co.
Supreme Court of the United States
certiorari, to the circuit court of appeals for the SECOND CIRCUIT. The case is stated in the opinion.
1Opinion of the CourtJustice Day
This suit was brought by the Procter & Gamble Company against the Berlin Mills Company for the infringe ment of the patent of John J. Burchenal for a food product, issued on April 13, 1915, Number 1,135,351, to the Procter & Gamble Company, assignee. The District Court held the patent void for lack of invention, and also that the claims in suit were not infringed. The Circuit Court of Appeals, one judge dissenting, held the patent valid and infringed. 256 Fed. Rep. 23.
The patent in controversy relates to a lard-like food product consisting of a vegetable oil partially hydrogenized to a…
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