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BYRNES v. JOHNSON & JOHNSON

37 F.2d 721 (1930)

BYRNES v. JOHNSON & JOHNSON.

District Court, D. New Jersey.

January 28, 1930.

Attorney(s) appearing for the Case

Thomas G. Haight, of Jersey City, N. J., and Moseley A. Keller, and Howard W. Dix, both of New York City, for plaintiff.

Archibald Cox, of New York City, for defendant.

RELLSTAB, District Judge.

The plaintiff, assignee of letters patent No. 1,578,688, for a plaster of paris bandage, alleges infringement thereof by the defendant. This patent was issued March 30, 1926, to Edwin A. Spies, M. D., a specialist in orthopedic surgery, on his application of September 24, 1924.

The defenses are invalidity and noninfringement.

The defendant has for many years manufactured and sold surgical supplies. Since 1887 it has made and...

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