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SPERTI PRODUCTS, INC. v. COCA-COLA COMPANY

Civ. A. No. 2700.

272 F.Supp. 441 (1967)

SPERTI PRODUCTS, INC. and the Institutum Divi Thomae Foundation, Plaintiffs, v. The COCA-COLA COMPANY, Defendant.

United States District Court D. Delaware.

August 17, 1967.

Attorney(s) appearing for the Case

John J. DeLuca, DeLuca, Julian & Walsh, Wilmington, Del., for plaintiffs; William Schurtman, Shea, Gallop, Climenko & Gould, New York City, Albert E. Strasser, Melville, Strasser, Foster & Hoffman, Cincinnati, Ohio, of counsel.

Rodney M. Layton, Richards, Layton & Finger, Wilmington, Del., for defendant; Paul L. Ahern, Richard Russell Wolfe, George E. Bullwinkel, Wolfe, Hubbard, Voit & Osann, Chicago, Ill., of counsel.

OPINION

STEEL, District Judge:

This is a patent infringement action of which the Court has jurisdiction under 28 U.S.C. § 1338.

Plaintiff, The Institutum Divi Thomae Foundation (hereinafter "Foundation") is the owner, and plaintiff, Sperti Products, Inc., originally organized under the name of Sperti Foods, Inc., claims to be the exclusive licensee, of the three patents in suit. The defendant, The Coca-Cola Company, through its wholly owned...

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