^"•ju^irim*"""}     ^^^^  Adrenalin  Patents  Valid.  347 
THE  ADRENALIN  PATENTS  VALID. 
THE  UNITED  STATES  CIRCUIT  COURT  SO  DECIDES. 
When  the  physiological  and  therapeutic  value  of  the  suprarenal 
gland  had  become  fully  established,  several  prominent  chemists, 
believing  its  valuable  properties  to  be  due  to  an  active  principle, 
studied  strenuously  to  isolate  it.  Two  at  least  came  very  near 
success.  It  remained  for  Dr.  Jokichi  Takamine,. however,  to  achieve 
the  sought-for  result,  and  he  secured  basic  patents  covering  the 
substance,  its  salts  and  solutions,  simultaneously  publishing  his 
methods.  Other  investigators  afterward  claimed  to  have  isolated 
the  active  principle,  and  there  appeared  on  the  market,  in  addition  to 
Adrenalin,  similar  preparations  under  other  names. 
It  became  a  much-mooted  question  whether  Dr.  Takamine  was 
entitled  to  priority,  and  whether  the  patents  were  valid.  Parke, 
Davis  &  Co.  purchased  the  Doctor's  rights  in  consideration  of  a 
royalty,  under  agreement  that  payment  of  the  royalty  should  cease 
if  the  patents  were  invalidated.  To  determine  the  question  of  the 
validity  of  the  patents  two  suits  were  brought  against  the  H.  K. 
Mulford  Company  in  1905,  involving  these  questions:  First,  Are 
Adrin  and  Adrin  Solutions  infringements  of  the  patents  covering 
Adrenalin  and  AdrenaHn  Solution,  respectively?  Second,  If  so,  are 
these  patents  valid?  Upward  of  five  years  was  consumed  in  taking 
expert  testimony  respecting  the  history  of  the  discovery,  etc.,  and  the 
hearing  was  not  had  until  February  3,  191 1,  when  the  matter  was 
submitted  on  argument,  the  records  and  briefs  covering  over  a 
thousand  closely  printed  pages. 
Saturday,  April  29th,  Judge  Hand,  of  the  United  States  Circuit 
Court  for  the  Southern  District  of  New  York,  handed  down  an 
elaborate  opinion  answering  both  questions  affirmatively.  The  effect 
of  this  opinion  is  that  other  substances  similar  to  Adrenalin,  and 
called  by  other  names,  are  infringements  of  the  Takamine  patents. 
Concluding,  Judge  Hand  says : 
"  Whatever  confusion  the  intricacy  of  the  subject  matter  causes, 
one  fact  stands  out  which  no  one  ought  fairly  to  forget :  Before 
Takamine's  discovery  the  best  experts  were  trying  to  get  a  prac- 
ticable form  of  the  active  principle.  The  uses  of  the  gland  were  so 
great  that  it  became  a  part  of  the  usual  therapy  in  the  best  form 
which  was  accessible.  As  soon  as  Takamine  put  out  his  discovery, 
other  forms  practically  disappeared ;  by  that  I  do  not  mean  abso- 
