BECTON DICKINSON & CO. v. R. P. SCHERER CORP.

No. 11798.

211 F.2d 835 (1954)

BECTON DICKINSON & CO. v. R. P. SCHERER CORP. et al.

United States Court of Appeals, Sixth Circuit.

April 6, 1954.


Attorney(s) appearing for the Case

David S. Kane, New York City (Arthur C. Beaumont, Whittemore, Hulbert & Belknap, Detroit, Mich., on the brief; Kane, Dalsimer & Kane, Daniel H. Kane, Haynes N. Johnson, New York City, Toner, Crowley, Woelper & Vanderbilt, E. Edward Toner, John A. Ackerman, Newark, N. J., of counsel), for appellant.

Will Freeman, Chicago, Ill. (Bair, Freeman & Molinare, Chicago, Ill., on the brief; W. M. Van Sciver, Chicago, Ill., Marco & Marco, Paul Marco, Phillip Marco, Detroit, Mich., of counsel), for appellee.

Clair V. Johnson, Newfane, Vt. (Marco & Marco, Paul Marco, Detroit, Mich., on the brief; Clair V. Johnson, Newfane, Vt., Phillip Marco, Detroit, Mich., of counsel), for intervenor-appellee.

Before SIMONS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.


ALLEN, Circuit Judge.

This is an appeal from a judgment entered in a declaratory action wherein appellant prayed that Patent No. 2322245, issued to Lockhart on June 22, 1943, and Patent No. 2380534, issued to Lockhart July 31, 1945, for hypodermic injectors called "hypospray" patents be held void for fraud and that appellant's contracts with reference thereto be held null and void and rescinded and cancelled and that the court declare that appellant's needleless hypodermic...

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