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ZENITH LABORATORIES, INC. v. CARTER-WALLACE, INC.

No. 75-1570.

530 F.2d 508 (1976)

ZENITH LABORATORIES, INC., on behalf of itself and all others similarly situated, Appellant, v. CARTER-WALLACE, INC.

United States Court of Appeals, Third Circuit.

Decided February 10, 1976.

Attorney(s) appearing for the Case

David R. Simon, Simon & Allen, Newark, N.J., for appellant.

Andrian M. Foley, Jr., McElroy, Connell, Foley & Geiser, Newark, N.J., Breed, Abbott & Morgan, New York City, for appellee.

Before VAN DUSEN, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The question raised by this appeal, whether a licensee or purchaser from a patentee may recover excess payments attributable to a patent subsequently declared invalid, is one of first impression in this court.1 Zenith Laboratories, Inc. (Zenith), a bulk purchaser of a patented drug, sued the patentee, Carter-Wallace, Inc. (Carter), in the United States District Court for the District...

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