Established in 1921, Wilbur-Ellis is an international marketer and distributor of agricultural products, animal feed and specialty chemicals and ingredients. Established in 1921, Wilbur-Ellis is an international marketer and distributor of agricultural products, animal feed and specialty chemicals and ingredients. By developing strong relationships, strategic market investments and the ability to capitalize on new opportunities, we’ve grown to a $3 billion business. Wilbur-Ellis purchased four used, patented sardine-canning machines that were badly in need of repair. Wilbur-Ellis tried to persuade Kuther, the patent owner, who had originally made and sold the machines, to refurbish them but met with no success. Wilbur-Ellis therefore hired a mechanic to repair and modify them so that they would handle different sized cans and different sized sardines. Kuther then sued Wilbur-Ellis for “making” the machine anew.