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GENERAL MILLS, INC. v. PILLSBURY COMPANY

No. 18405.

378 F.2d 666 (1967)

GENERAL MILLS, INC., Appellant, v. The PILLSBURY COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

June 8, 1967.

Attorney(s) appearing for the Case

Charles J. Merriam, Chicago, Ill., and Horace Hitch, of Dorsey, Owen, Marquart, Windhorst & West, Minneapolis, Minn., for appellant. Dorsey, Owen, Marquart, Windhorst & West, Minneapolis, Minn., W. D. Keith, New York City, W. C. Babcock, G. O. Enockson, Minneapolis, Minn., were on the brief.

C. Willard Hayes, of Cushman, Darby & Cushman, Washington, D. C. for appellee and filed brief with Ronald E. Lund, Minneapolis, Minn.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by defendant General Mills, Inc., from judgment entered against it in favor of plaintiff The Pillsbury Company determining Patent No. 3,038,808, hereinafter referred to as the patent, owned by The Pillsbury Company, valid and that defendant has infringed claims 1, 2, 13 and 14 of said patent in the manufacture and sale by it of angel food cake mix known in the record as Product A and sold under the commercial name of...

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