BENGER LABORATORIES LIMITED v. R. K. LAROS COMPANY

Nos. 14219, 14220.

317 F.2d 455 (1963)

BENGER LABORATORIES LIMITED, a Corporation of Great Britain, Plaintiff, v. R. K. LAROS COMPANY, Now Pharmachem Corporation, a Pennsylvania Corporation, Defendant-Counterclaimant-Appellant, and Cutter Laboratories, a California Corporation, Intervenor-Defendant-Appellant, v. ARMOUR AND COMPANY, an Illinois Corporation, Counterclaim-Defendant.

United States Court of Appeals Third Circuit.

Decided May 29, 1963.


Attorney(s) appearing for the Case

Stanton T. Lawrence, Jr., Pennie, Edmonds, Morton, Barrows & Taylor, New York City (Morgan, Lewis & Bockius, Philadelphia, Pa., Pennie, Edmonds, Morton, Taylor & Adams, W. Brown Morton, Jr., Robert J. Kadel, New York City, of counsel, on the brief), for appellants.

Charles J. Merriam, Merriam, Smith & Marshall, Chicago, Ill. (Hayward H. Coburn, Philadelphia, Pa., Jerome B. Klose, Chicago, Ill., Drinker, Biddle & Reath, Philadelphia, Pa., on the brief), for plaintiff-appellee.

Timothy L. Tilton, Chicago, Ill., Edward W. Mullinix, Philadelphia, Pa. (Dawson, Tilton, Fallon, Lungmus & Alexander, Chicago, Ill., Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., on the brief), for appellee Armour & Co.

Before McLAUGHLIN and FORMAN, Circuit Judges, and COOLAHAN, District Judge.


PER CURIAM.

In this patent infringement suit Judge Kirkpatrick in a comprehensive, sound opinion1 held plaintiff's patent to be valid, that its reissue was proper, that it had been infringed by defendant's product and that its licensing arrangements did not violate the antitrust laws. The court found that plaintiff's product claims 1 to 5 inclusive and 12 presented a new, unexpected and important result by using dextran as a complexing...

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