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AMERICAN LECITHIN CO. v. WARFIELD CO.

No. 7923.

128 F.2d 522 (1942)

AMERICAN LECITHIN CO. v. WARFIELD CO.

Circuit Court of Appeals, Seventh Circuit.

June 4, 1942.

Attorney(s) appearing for the Case

John W. Thompson, of New York City, and Ira J. Wilson, of Chicago, Ill., for appellant.

Charles J. Merriam, Marcus A. Hirschl, and Wm. Warfield, III, all of Chicago, Ill., for appellee.

Before MAJOR, KERNER, and MINTON, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff charged defendant with infringement of Patent No. 1,781,672, issued November 11, 1930, to Working. The defenses were invalidity, noninfringement, and misuse of the patent in such a way as to create a monopoly in an unpatented commodity sold by plaintiff. The District Court found that plaintiff was using the patent to create a monopoly in lecithin, an unpatented commodity; that all the claims were invalid; that the defendant did not...

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