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ROSS-WHITNEY CORP. v. SMITH KLINE & FRENCH LAB.

No. 13420.

207 F.2d 190 (1953)

ROSS-WHITNEY CORP. et al. v. SMITH KLINE & FRENCH LABORATORIES.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 20, 1953.

Attorney(s) appearing for the Case

Robert O. Whitney, Beverly Hills, California, in pro. per., Louis S. Edelberg and Samuel Greenfield, Los Angeles, Cal., for appellants.

Lyon & Lyon, Leonard S. Lyon, Reginald E. Caughey, Los Angeles, Cal., Ballard, Spahr, Andrews and Ingersoll, Charles I. Thompson, William S. Rawls, Philadelphia, Pa., for appellee.

Before DENMAN, Chief Judge, and STEPHENS and BONE, Circuit Judges.

STEPHENS, Circuit Judge.

Smith Kline & French Laboratories, known as SKF, is principally engaged in the manufacture of prescription drugs which are sold to pharmacists. In 1936 SKF obtained the patent1 on the combination drug, benzyl methyl carbinimine, and put it on the market under the name "Benzedrine" which was registered as a trade-mark with the United States Patent Office.2 In 1938 the American Medical...

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