Legal Opinion

Q-Tips, Inc. v. Johnson & Johnson (Two Cases)

Court of Appeals for the Third Circuit

Decided November 13, 1953No. 11004, 11005PublishedCited by 14 opinions

1Opinion of the Court

KALODNER, Circuit Judge.

These appeals relate to the plaintiff’s patent, No. 1,921,604 1 which, briefly stated, is an apparatus for automatically manufacturing medical swabs, i. e., sticks with wads of cotton on one or both ends. The plaintiff charged infringement, and put in issue Claims 1 to 10, inclusive, 16, 21, 22 and 23 of the patent. In addition to asserting invalidity and non-infringement, the defendant, by way of defense and counterclaim, raised issues of misuse, unfair competition and illegal restramt.

The District Court held that, of the claims put in issue, 9, 10 and 21 were valid,…

2Cases cited8 opinions

  1. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
  2. Lincoln Engineering Co. v. Stewart-Warner Corp.Supreme Court of the United States · 1938
  3. Sinclair & Carroll Co. v. Interchemical Corp.Supreme Court of the United States · 1945
  4. Cover v. SchwartzCourt of Appeals for the Second Circuit · 1942
  5. Fay v. CordesmanSupreme Court of the United States · 1883

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3Cited by14 opinions

  1. United States v. Studiengesellschaft Kohle, M.B.H., Director Max Planck, Institut Fur Kohlenforschung, Hercules IncorporatedCourt of Appeals for the D.C. Circuit · 1981
  2. Lockwood v. Langendorf United Bakeries, Inc.Court of Appeals for the Ninth Circuit · 1963
  3. WE Bassett Company v. Revlon, Inc.District Court, S.D. New York · 1969
  4. Ethyl Corporation v. Hercules Powder CompanyDistrict Court, D. Delaware · 1964
  5. Regents of University of Cal. v. Howmedica, Inc.District Court, D. New Jersey · 1981

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