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AMERICAN LECITHIN CO. v. WARFIELD CO.

Nos. 6767, 6768.

105 F.2d 207 (1939)

AMERICAN LECITHIN CO. v. WARFIELD CO. WARFIELD CO. v. AMERICAN LECITHIN CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 15, 1939.

Attorney(s) appearing for the Case

Ira J. Wilson, of Chicago, Ill., and John W. Thompson and Daniel L. Morris, both of New York City, for American Lecithin Co.

Russell Wiles, Charles J. Merriam, Marcus A. Hirschl, George A. Chritton, William S. Warfield III, and Chritton, Wiles, Davies, Hirschl & Dawson, all of Chicago, Ill., for Warfield Co.

Before MAJOR, TREANOR, and KERNER, Circuit Judges.

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...

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