As a community service, an educational series by the

IP and Business Law Offices of Howard L. Hoffenberg, Esq.

Copyright 2010 The IP and Business Law Offices of Howard L. Hoffenberg, Esq. All Rights Reserved.

Return to Index of Tour of US Supreme Court Patent Cases from 1961 to 1999

HOLDING: (1) The two companies unreasonably restrained trade by prohibiting the licensees from selling or reselling bulk-form griseofulvin. (2) To pry open the restrained market, the government may obtain mandatory sales and compulsory licensing. (3) If the foregoing is inadequate, the government can attack patent validity, even when the patents are not raised as a defense.

UNITED STATES v. GLAXO GROUP, 410 U.S. 52 (January 22, 1973)

FACTS: Imperial Chemical patented the dosage form of griseofulvin and Glaxo patented the bulk manufacturing process. The two companies entered into a patent pooling agreement. Subsequently, three wholesalers were licensed in the U.S. with restrictions on bulk-form sales to third parties. The United States sued for anti-trust violations and sought to invalidate the patents.

Tour of US Supreme Court Patent Cases from 1961 to 1999

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A Fast and Easy Way to Learn the High Points of Patent Law and Related Anti-trust Law

Community Service and

Pro Bono

In addition to this education series, Mr. Hoffenberg gives of his time to benefit the community and contribute to the quality justice in the State of California. For many years, he served as a volunteer pro tem in the Municipal Court in traffic, landlord-tenant, small claims and short cause matters. Currently, Mr. Hoffenberg serves as a volunteer arbitrator for the Dispute Resolution Service in attorney-client fee disputes and as a quasi-volunteer mediator in the Court of Appeals.