Legal Opinion

Ross-Whitney Corp. v. Smith Kline & French Laboratories

Court of Appeals for the Ninth Circuit

Decided October 20, 1953No. 13420_1PublishedCited by 122 opinions

1Opinion of the Court

STEPHENS, Circuit Judge.

Smith Kline & French Laboratories, known as SKF, is principally engaged in the manufacture of prescription drugs which are sold to pharmacists. In 1936 SKF obtained the patent 1 on the combination drug, benzyl methyl carbinimine, and put it on the market under the name “Benzedrine” which was registered as a trade-mark with the United States Patent Office. 2 In 1938 the American Medical Association adopted the name amphetamine sulfate as its official designation for the combination.

Some years after acquiring the patent on amphetamine sulfate, SKF developed through…

2Cases cited26 opinions

  1. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  2. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  3. William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
  4. Barrow Steamship Co. v. KaneSupreme Court of the United States · 1898
  5. Bayer Co. v. United Drug Co.District Court, S.D. New York · 1921

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3Cited by122 opinions

  1. Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
  2. The Canal Authority of the State of Florida v. Howard H. Callaway, Secretary of the United States Army, the Cross-Florida Canal Association v. Howard H. Callaway, Secretary of the United States Army, Eleanor H. Miller v. Avery S. Fullerton, Environmental Defense Fund, Inc. v. Corps of Engineers of the United States Army, J. G. Perko v. The Canal Authority of the State of Florida, Etc.Court of Appeals for the Fifth Circuit · 1974
  3. Flynt Distributing Company, Inc. v. Leon Harvey, Alfred HarveyCourt of Appeals for the Ninth Circuit · 1984
  4. Oburn v. ShappCourt of Appeals for the Third Circuit · 1975
  5. Securities and Exchange Commission v. Martin Frank, and Nylo-Thane Plastics Corp., Maurice Minuto, Olanda Minuto, Louis Braunston, Leonard FreedmanCourt of Appeals for the Second Circuit · 1968

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