Government cheese experiments

September 15, 2014

  • 360 States
  • 360III Property, Contracts, and Liabilities
  • 360k112 Torts
  • 360k112.1 Acts or Omissions of Officers, Agents, or Employees
  • 360k112.1(2) Governmental or proprietary functions

09-15-14The State of Wisconsin and its agriculture department are not liable to patentee of improvements in art of making Swiss cheese for their purely experimental activities, not for commercial purposes, in aiding another in infringement of such patent, as State, in such activities, was not engaged in proprietary enterprise, but in exercise of governmental function for general welfare of its inhabitants.

Kraft Foods Co. v. Walther Dairy Products, 118 F.Supp. 1, (W.D. Wis., 1954)