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

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 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. 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 research the dextro-optical isomer of amphetamine sulfate, i. e., dex-tro-amphetamine sulfate, which it put on the market in 1939 under the name “Dexedrine” registered as a trade-mark with the United States Patent Office.

At first, SKF marketed the Benzedrine in five or ten milligram dosage in the form of a round, white tablet with beveled edges and a concave bottom, and marketed the Dexedrine in a five milligram yellow tablet. In May 1949 SKF changed the form of its Benzedrine and Dexedrine tablets. The new Benzedrine tablet was colored pinkish-brown. It was in form similar to an equilateral triangle with sides slightly…