BARKER
v.
WINGO, WARDEN

U.S. | 1972-02-22
No. 71-5255
405 U.S. 914 Supreme Court of the United States (1972) Positive Treatment
Cited by 1 case

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    …y sales of the bulk form of the drug and reasonable-royalty licensing of the ICI and Glaxo patents as part of the relief. 328 F. Supp. 709 (DC 1971). The United States took a direct appeal under the Expediting Act and we noted probable jurisdiction. 405 U. S. 914. [*57] II The major issue before us is whether the District Court erred in ruling that the United States could challenge the validity of a patent in the course of prosecuting, an antitrust action only when the patent is relied on as a defense, whic…

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