Legal Opinion
Zenith Laboratories, Inc., on Behalf of Itself and All Others Similarly Situated v. Carter-Wallace, Inc
Court of Appeals for the Third Circuit
Decided February 10, 1976No. 75--1570PublishedCited by 96 opinions
1Opinion of the Court
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 of New Jersey 2 for recovery of $130 million in excess payments allegedly made by a class of licensees and purchasers from Carter. Zenith appeals from a grant of summary…
2Cases cited37 opinions
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- Walker Process Equipment, Inc. v. Food MacHinery & Chemical Corp.Supreme Court of the United States · 1965
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
- United States v. General Electric Co.Supreme Court of the United States · 1926
- United States v. Masonite Corp.Supreme Court of the United States · 1942
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3Cited by96 opinions
- United Airlines, Inc. v. McDonaldSupreme Court of the United States · 1977
- Beck v. Maximus, Inc.Court of Appeals for the Third Circuit · 2006
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- Hayman Cash Register Co. v. SarokinCourt of Appeals for the Third Circuit · 1982
- Liggett Group, Inc. v. EngleDistrict Court of Appeal of Florida · 2003
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