Oriental Foods, Inc. v. Chun King Sales, Inc.

The plaintiff Chun King Sales, Inc. sought an injunction and damages for patent infringement and unfair competition. [ 28 U.S.C.A. § 1338 (a) and (b)] The patent involved is No. 2,679,281, issued on May 25, 1954, to Jeno Francis Paulueci. The defendant denied infringement, challenged the validity of the patent, and, in a counterclaim, asked for a declaration of invalidity. While the original pleadings as to the cause of action for infringement related to all three claims of the patent in suit, the plaintiff, at the trial, restricted itself to a charge of infringement of Claim 1 only.

Defendant Oriental Foods appeals from that portion of the judgment estab *910 lishing the validity of plaintiff Paulucci’s patent, and defendant’s infringement thereof. Plaintiffs Paulucci and Chun King Sales, Inc., appeal from that portion of the judgment denying relief from defendant Oriental Foods’ alleged unfair competition.

I.

Validity and Infringement.

We adopt the statement describing Claim 1 appearing in the Opinion of the District Court, with the addition of the portion italicized, which was inadvertently omitted from the Transcript:

The District Court in its opinion, correctly stated…