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BERLIN MILLS CO. v. PROCTER & GAMBLE CO.

No. 93.

254 U.S. 156 (1920)

BERLIN MILLS COMPANY v. PROCTER & GAMBLE COMPANY.

Supreme Court of United States.

Decided December 6, 1920.

Attorney(s) appearing for the Case

Mr. Marcus B. May and Mr. Charles E. Hughes, with whom Mr. John C. Pennie and Mr. Melville Church were on the briefs, for petitioner.

Mr. Livingston Gifford, with whom Mr. Alfred M. Allen was on the briefs, for respondent.

Mr. Charles E. Hughes and Mr. Royall Victor, by leave of court, filed a brief as amici curiae.

MR. JUSTICE DAY delivered the opinion of the court.

This suit was brought by the Procter & Gamble Company against the Berlin Mills Company for the infringement 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...

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