Rawlings

MEMORANDUM OPINION

After much effort on their part, Philip C. Anderson and Frank N. Rawlings finally convinced the Patent Office that they were entitled to a patent on two claims and on May 29, 1956, they were issued patent No. 2,746,001 (hereinafter ’001). It concerned a liquid food supplement for ruminant animals 1 capable of being fed with roughage on a free-choice basis. 2 Rawlings eventually purchased the interest of Anderson in the patent and sold it to Shur-Gro Company on the conditional basis that the patent be held valid in this litigation.

National Molasses Co. is a Delaware corporation whose principal business is the importation and sale of molasses. It manufactures and sells a product containing molasses, urea, 3 and phosphoric acid for use as a liquid, free-choice feed supplement for ruminants. Plaintiffs claim this supplement infringes upon their ’001 patent. The Orita Land and Cattle Company, Heber Cattle Feeders, Inc., and Allied Cattle Feeders, Inc. are included as defendants because they purchase the accused product from National Molasses Company. The complaint seeks *915 injunctive relief and damages. Defendants deny infringement and challenge the validity of…