[Download] "Carter-Wallace Inc. v. Otte" by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Carter-Wallace Inc. v. Otte
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 14, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

In Carter-Wallace, Inc. v. Davis-Edwards Pharmacal Corp., 443 F.2d 867 (2 Cir. 1971), we reversed a preliminary injunction issued by Judge Dooling in the District Court for the Eastern District of New York, restraining Davis-Edwards Pharmacal Corp. (Davis-Edwards), then a debtor in arrangement proceedings under Ch. XI of the Bankruptcy Act, from its conceded infringement of Claim 4 of United States Patent 2,724,720, owned by Carter-Wallace. Claim 4 was on a new composition of matter, meprobamate, which became a highly successful drug widely known by its trade-names, Miltown and Equanil. Our reversal was based on the settled rule that, in the absence of prior adjudication of validity or long acquiescence, "an injunction pendente lite in a patent suit should not go except when the patent is beyond question valid and infringed." Simson Bros., Inc. v. Blancard & Co., 22 F.2d 498, 499 (2 Cir. 1927). The majoritys discussion of the patent went only so far as to hold that it was not "beyond question valid;" we emphasized, 443 F.2d at 880, 884, that we were in no way intimating our view of the proper resolution of the issue of patent validity. Familiarity with our earlier opinion is here assumed.

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