PHENACETIN. 47 



The collector of customs of the port of New York seized and e>n 

 fiscated illegally imported phenacetin. a<l\ n -tUed it for sale in the 

 customary manner, and sold it at public auction in that city in iv.is. 

 The purchaser at the time of the sale knew that tin- gonds wen- 

 smuggled, and infringed the patent. Before he could resell his pur- 

 chase the representative of the patentees served an injunction pre- 

 venting such sale. The case was taken into the United States circuit 

 court, and the defendant enjoined from directly or indirectly using or 

 selling the patented drug phenacetin. An appeal was taken to the 

 United States circuit court of appeals, and this court affirmed the order 

 of the lower court. a The defendant claimed, first, that the passage of 

 the phenacetin through the hands of the Federal Government in 

 some way abrogated the rights of the patentee; and, second, that by 

 the condemnation proceedings and statutory notice the title of the 

 property passed to the purchaser without incumbrance or reservation. 



In view of the decision given above, it seems that these contentions 

 do not obtain in the case of patented articles of the phenacetin type. 

 The decision further states that the patentee "has no title to or lien on, 

 or legal or equitable interest in the infringing property." The pur- 

 chaser filed an application for a refund of the buying price, but the 

 Treasury Department reported that it could not comply with this 

 request, b as the law does not provide for refunds under any circum- 

 stances. The defendant refused to comply with the order to surrender 

 the goods purchased from the Government. This curious legal 

 entanglement as to the disposition of smuggled patented drugs is at 

 present receiving the consideration of the Attorney-General. The i>Mie 

 is of the greatest importance, and has attracted the attention not only 

 of the Treasury officials, but of the Patent Office authorities as well. 



Dickerson v. Sheldon, Fed. Kept., 1900, 1)8: 621. 

 &Oil, Paint, and Drug Reporter, August, 1903, G4: 24. 



O 



