JOHNSON & JOHNSON, INC. v. WALLACE A. ERICKSON & CO.

No. 79-2483.

627 F.2d 57 (1980)

JOHNSON & JOHNSON, INC., Plaintiff-Appellant, v. WALLACE A. ERICKSON & CO., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 1980.


Attorney(s) appearing for the Case

John A. Artz, Birmingham, Mich., for plaintiff-appellant.

Owen J. Murray, Chicago, Ill., for defendant-appellee.

Before SPRECHER and BAUER, Circuit Judges, and EAST, Senior District Judge.


SPRECHER, Circuit Judge.

The question in this appeal is whether a district court has the power to compel the party-patentee in pending infringement proceedings to submit its patent to the Patent and Trademark Office and apply for a reissue patent prior to adjudication of the infringement action.

I

Johnson & Johnson, Inc. brought a patent infringement action against Wallace A. Erickson & Co., charging Erickson with infringement of Patent No...

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