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BECTON, DICKINSON & CO. v. SHERWOOD MEDICAL IND. INC.

No. 72-3599.

516 F.2d 514 (1975)

BECTON, DICKINSON AND COMPANY, Plaintiff-Appellant-Cross Appellee, v. SHERWOOD MEDICAL INDUSTRIES INC., Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

July 28, 1975.

Attorney(s) appearing for the Case

John F. Corrigan, Jacksonville, Fla., Kane, Dalsimer, Kane, Sullivan, Kurucz & Goldstein, New York City, Leon Jaworski, Jefferson D. Giller, Houston, Tex., for plaintiff-appellant.

George L. Hudspeth, Jacksonville, Fla., Stanley N. Garber, St. Louis, Mo., William J. Stellman, Chicago, Ill., for defendant-appellee.

Before BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.

JOHN R. BROWN, Chief Judge:

In the midst of today's turbulent world, we have before us two prominent medical supply firms — Becton, Dickinson and Company (B-D) and Sherwood Medical Industries, Inc. (Sherwood) — controverting who has the right to manufacture and sell the most efficient system of blood letting. Shortly after World War II, B-D patented a device, the Vacutainer, which partially solved the problem of taking multiple blood

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