RICH PRODUCTS CORPORATION v. MITCHELL FOODS, INC.

Civ. No. 9597.

246 F.Supp. 392 (1965)

RICH PRODUCTS CORPORATION, Plaintiff, v. MITCHELL FOODS, INC. and Frank S. Mitchell, Defendants.

United States District Court W. D. New York.

June 30, 1965.


Attorney(s) appearing for the Case

Popp & Sommer, Buffalo, N. Y., for plaintiff; Kenneth R. Sommer, Buffalo, N. Y., Kenyon & Kenyon, New York City, Hugh A. Chapin and Edward W. Greason, New York City, of counsel.

Bean, Brooks, Buckley & Bean, Buffalo, N. Y., Malcolm K. Buckley, Buffalo, N. Y., of counsel, for defendant.


BURKE, Chief Judge.

FINDINGS OF FACT

1. Plaintiff is the owner of all right, title, and interest in the patent in suit, United States Letters Patent No. 2,868,653, issued January 13, 1959, having obtained title by assignment from the joint inventors, Holton W. Diamond and Eugene L. Powell.

2. The patent covers liquid emulsions which change, when whipped, in appearance and characteristics into a firm non-pourable product suitable as a salad and dessert...

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