American Lecithin Co. v. Warfield Co.

KERNER, Circuit Judge.

These are cross appeals taken from the decree of the district court in a suit charging infringement of the Working patent, No. 1,781,672 (dated November 11, 1930), by the use of lecithin in the production of chocolate in accordance with the method defined in the claims of the patent. The district court denied relief on the ground that the patentee was attempting, without sanction of law, to employ the patent to secure a limited monopoly of unpatented lecithin, a natural organic substance occurring in small amounts in practically all living cells and in considerable…