Bayer Co. v. United States

Cole, Judge:

Plaintiff, through its parent corporation, exercises exclusive control, obtained from letters patent (exhibit F), over cinnamyl ephedrine hydrochloride, the merchandise.in question. It is a coal-tar product with therapeutic properties that impart some anaesthetizing effect and “powerful spasmolytic action.” The product is never used alone, but is always associated with other therapeutic agents. Plaintiff employs it as an ingredient in two different products. With one, marketed under the label “Midol,” it is mixed with aspirin and caffeine and advertised as a remedy “to relieve…