Martin v. Wyeth, Inc.

This is an appeal from a judgment for defendant in an action brought to recover damages for infringement of a patent and a trademark and for breach of confidence in an alleged confidential relationship. The patent involved is Patent No. 2,498,374 relating to bougies or suppositories for use in the treatment of mastitis in cows and the method of application which consists merely in inserting the bougies in the teats of the cows. The trademark of plaintiff is “Mastics”, the name under which the bougies of the patent are sold, and it is alleged to be infringed by defendant’s sale of bougies…