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Q-TIPS, INC. v. JOHNSON & JOHNSON

Nos. 11004, 11005.

207 F.2d 509 (1953)

Q-TIPS, Inc., v. JOHNSON & JOHNSON (two cases).

United States Court of Appeals Third Circuit.

Decided October 20, 1953.

Rehearing Denied November 13, 1953.

Attorney(s) appearing for the Case

W. Brown Morton, Jr., New York City (Pennie, Edmonds, Morton, Barrows & Taylor, W. Brown Morton, Stanton T. Lawrence, Jr., New York City, on the brief), for Q-Tips, Inc.

Stewart W. Richards, New York City (Kenneth Perry, Arnold S. Worfolk, Herbert E. Bailey, Norman St. Landau, New Brunswick, N. J., on the brief), for Johnson & Johnson.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

These appeals relate to the plaintiff's patent, No. 1,921,6041 which, briefly stated, is an apparatus for automatically manufacturing medical swabs, i. e., sticks with wads of cotton on one or both ends. The plaintiff charged infringement, and put in issue Claims 1 to 10, inclusive, 16, 21, 22 and 23 of the patent. In addition to asserting invalidity and non-infringement...

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