CHAS. H. LILLY CO. v. LOUKO

No. 9582.

119 F.2d 882 (1941)

CHAS. H. LILLY CO. v. LOUKO.

Circuit Court of Appeals, Ninth Circuit.

May 22, 1941.


Attorney(s) appearing for the Case

Jones & Bronson, Story Birdseye, and Paul Bliven, all of Seattle, Wash., for appellant.

Wilkinson & Langsdorf, of Vancouver, Wash. (Loyal H. McCarthy, of Portland, Or., of counsel), for appellee.

Before WILBUR, GARRECHT, and HEALY, Circuit Judges.


WILBUR, Circuit Judge.

This is an appeal from a judgment for the defendant rendered in an action for an infringement of United States Patent No. 1,618,702, which was issued to Martin J. Forsell, and by him assigned to the plaintiff. This patent is for a composition of matter in the nature of an insecticide which is especially adopted for use in the destruction of strawberry weevils. The claims of the patent are but two in number and are as follows:

"1. An...

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