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UNITED DRUG CO. v. IRELAND CANDY CO.

No. 8324.

38 F.2d 505 (1929)

UNITED DRUG CO. v. IRELAND CANDY CO. et al.

District Court, E. D. Missouri, E. D.

December 9, 1929.

Attorney(s) appearing for the Case

Delos G. Haynes, of St. Louis, Mo., and Jesse A. Holton, of Boston, Mass., for plaintiff.

Chester T. Neal (of Chapin & Neal), of Springfield, Mass., and James L. Hopkins, of St. Louis, Mo., for defendants.

DAVIS, District Judge.

This is an action for the alleged infringement of patent No. 1,612,762, granted to John M. Flynn, assignor of the plaintiff, United Drug Company, on December 28, 1926, the application for which was filed on September 2, 1925.

The defenses set up are the invalidity of the patent, for the reason that it is vague and indefinite, and because of prior public use for more than two years before the filing of the application, and public use...

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