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BIRD PROVISION COMPANY v. OWENS COUNTRY SAUSAGE, INC.

Nos. CA 3-2149, CA 3-2480.

379 F.Supp. 744 (1974)

BIRD PROVISION COMPANY v. OWENS COUNTRY SAUSAGE, INC. BIRD PROVISION COMPANY v. Clifford B. OWENS and Jerry P. Owens.

United States District Court, N. D. Texas, Dallas Division.

August 6, 1974.

Attorney(s) appearing for the Case

Allen Butler, Clark, West, Keller, Sanders & Butler, Dallas, Tex., and Harvey B. Jacobson, Jr., O'Brien & Jacobson, Washington, D. C., for plaintiff.

Carlisle Blalock, Tobolowsky, Schlinger & Blalock, Merrill L. Hartman, Hewett, Johnson, Swanson & Barbee, Richards, Harris & Hubbard, Dallas, Tex., Mason, Fenwick & Lawrence, Washington, D. C., for defendants.

MEMORANDUM OPINION

WILLIAM M. TAYLOR, Jr., Chief Judge.

What in the ancient art of making fresh pork sausage is truly new — patentably new?

That deceptively simple question is at the heart of this hard-fought lawsuit charging the infringement of U.S. Patent 3,124,462, owned by the plaintiff Bird Provision Company. The patent covers a method of processing and packaging sausage in an air impermeable container (made of Saran film) within three...

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