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HODOSH v. BLOCK DRUG CO., INC.

No. 87-1376.

833 F.2d 1575 (1987)

Milton HODOSH and Richardson-Vicks, Inc., Plaintiffs-Appellees, v. BLOCK DRUG COMPANY, INC., Block Drug Corp., and Dentco, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

November 25, 1987.

Attorney(s) appearing for the Case

Marvin C. Soffen, Ostrolenk, Faber, Gerb & Soffen, New York City, argued for defendants-appellants, Block. With him on the brief were Edward A. Meilman and Mark Garscia. Also on the brief were James F. Davis and Alan M. Grimaldi, Howery & Simon, Washington, D.C.

John O. Tramontine, Fish & Neave, New York City, argued for plaintiffs-appellees. With him on the brief were W. Edward Bailey and Norman H. Beamer. Also on the brief were Hugh A. Chapin, Paul Lempel and William J. McNichol, Jr., Kenyon & Kenyon, New York City.

Before MARKEY, Chief Judge, DAVIS, Circuit Judge, and BALDWIN, Senior Circuit Judge.

MARKEY, Chief Judge.

Certified question from the United States District Court for the District of New Jersey relating to a "staple article of commerce" inquiry arising in consideration of a motion for summary judgment of patent misuse.

I. Background

Milton Hodosh and exclusive licensee Richardson-Vicks (Hodosh) sued Block Drug Company, Inc., Block Drug Corp., and Dentco, Inc. (Block) for patent infringement, contributory infringement, and...

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