Feed Service Corporation v. Kent Feeds, Inc., and Grain Processing Corporation

STEVENS, Circuit Justice

(dissenting in part):

Although I would not sustain the award of treble damages and attorneys’ fees, I am not persuaded that the finding of infringement is clearly erroneous. I agree with Judge Hastings’ conclusions that the patent is valid and that the claims only cover the addition of alcohol in feed supplements, but it seems to me that the incorporation of fermented molasses is a method of adding ethanol.