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JOHNSON & JOHNSON v. KENDALL COMPANY

No. 14227.

327 F.2d 391 (1964)

JOHNSON & JOHNSON, Plaintiff-Appellee, v. The KENDALL COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 28, 1964.

Attorney(s) appearing for the Case

William E. Anderson, Chicago, Ill., Charles H. Walker, New York City, Anderson, Luedeka, Fitch, Even & Tabin, Chicago, Ill. (Harry R. Pugh, Jr., Fish, Richardson & Neave, New York City, Rowland V. Patrick, H. L. Kirkpatrick, Fish, Richardson & Neave, Boston, Mass., Thomas W. Underhill, Thacher H. Fisk, Boston, Mass., of counsel), for defendant-appellant.

Sidney Neuman, Chicago, Ill., Harold Haidt of Johnson & Johnson, New Brunswick, N. J., Thorley von Holst, James R. Dowdall, Robert L. Austin, Chicago, Ill., for plaintiff-appellee.

Before DUFFY, SCHNACKENBERG and SWYGERT, Circuit Judges.

DUFFY, Circuit Judge.

This is a suit charging infringement of Gross Patent No. 2,703,083, relating to an "Adhesive Bandage." It was issued to plaintiff on March 1, 1955 as a continuation-in-part of earlier abandoned applications of Shelley and Gross filed respectively on June 25, 1953 and September 25, 1953. The complaint charging defendant with infringement was filed the same day the patent was issued.

Plaintiff, Johnson & Johnson, is a major producer...

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