| United States v. Glaxo Group Ltd. | |
|---|---|
 | |
| Argued November 9, 1972 Decided January 22, 1973 | |
| Full case name | United States v. Glaxo Group Ltd. |
| Citations | 410 U.S. 52 (more) 93 S. Ct. 861; 35 L. Ed. 2d 104; 1973 U.S. LEXIS 26; 176 U.S.P.Q. (BNA) 289; 1973 Trade Cas. (CCH) ¶ 74,323 |
| Case history | |
| Prior | 328 F. Supp. 709 (D.D.C. 1971); probable jurisdiction noted, 405 U.S. 914 (1972). |
| Holding | |
| When a patent is directly involved in an antitrust violation, the Government may challenge the validity of the patent. | |
| Court membership | |
| |
| Case opinions | |
| Majority | White, joined by Burger, Douglas, Brennan, Marshall, Powell |
| Dissent | Rehnquist, joined by Stewart and Blackmun |
| Laws applied | |
| Sherman Act | |
United States v. Glaxo Group Ltd., 410 U.S. 52 (1973),[1] is a 1973 decision of the United States Supreme Court in which the Court held that (1) when a patent is directly involved in an antitrust violation, the Government may challenge the validity of the patent;[2] and (2) ordinarily, in patent-antitrust cases, "[m]andatory selling on specified terms and compulsory patent licensing at reasonable charges are recognized antitrust remedies."
- ^ United States v. Glaxo Group Ltd., 410 U.S. 52 (1973).
This article incorporates public domain material from this U.S government document.
- ^ This overruled or further limited United States v. Bell Tel. Co., 167 U.S. 224 (1897), which held that the United States lacked standing to challenge the validity of its issued patents "on the mere ground of error of judgment" in issuing them. The United States had standing to seek to invalidate patents, however, on grounds of fraudulent procurement and also as a defense to a charge of patent infringement.
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