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FUNK BROS. SEED CO. v. KALO CO.

No. 280.

333 U.S. 127 (1948)

68 S.Ct. 440

92 L.Ed. 588

FUNK BROTHERS SEED CO. v. KALO INOCULANT CO.

Supreme Court of United States.

Decided February 16, 1948.

Attorney(s) appearing for the Case

H.A. Toulmin, Jr. argued the cause for petitioner. With him on the brief was D.C. Staley.

J. Bernhard Thiess argued the cause for respondent. With him on the brief were Sidney Neuman and M. Hudson Rathburn.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This is a patent infringement suit brought by respondent. The charge of infringement is limited to certain product claims1 of Patent No. 2,200,532 issued to Bond on May 14, 1940. Petitioner filed a counterclaim asking for a declaratory judgment that the entire patent be adjudged invalid.2 The District Court held the product claims invalid for want of invention...

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