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MEAD JOHNSON & CO. v. HILLMAN'S, INC.

No. 8192.

135 F.2d 955 (1943)

MEAD JOHNSON & CO. v. HILLMAN'S, Inc.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 6, 1943.

Attorney(s) appearing for the Case

Bertha L. MacGregor, of Denver, Colo., Chritton, Wiles, Davies, Hirschl, Schroeder & Merriam, Russell Wiles, Geo. A. Chritton, and Jules L. Brady, all of Chicago, Ill., for plaintiff-appellant.

Wm. McSwain, of Chicago, Ill., S. Warwick Keegin and Semmes, Keegin, Beale & Semmes, all of Washington, D. C., and West & Eckhart, of Chicago, Ill. (Lee M. Robinson, of Washington, D. C., of counsel), for defendant-appellee.

Before SPARKS, and KERNER, Circuit Judges, and LINDLEY, District Judge.

KERNER, Circuit Judge.

Plaintiff charged defendant with infringement of Patent No. 1,990,329, now owned by the plaintiff, issued on February 5, 1935, to Lambert D. Johnson and others. Infringement of Claims 5 and 61 of the patent was charged by reason of defendant's sale of Gerber's Cereal Food and Gerber's Strained Oatmeal, manufactured by Gerber Products Company of Fremont, Michigan.

The principal defense was invalidity and non...

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