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Judgment Search Results Home > Cases Phrase: patents Court: us supreme court Year: 1964 Page 1 of about 23 results (0.048 seconds)

Nov 16 1964 (FN)

Brulotte Vs. Thys Co.

Court : US Supreme Court

Decided on : Nov-16-1964

..... must redraft its contracts to achieve the same economic results, the decision is not only wrong, but conspicuously ineffectual. i would affirm. [ footnote 2/1 ] installment of a patented, coin-operated washing machine in the basement of an apartment building without charge except that the landlord and his tenants must deposit 25 cents for every use, should not constitute ..... for above-minimum use, [ footnote 2/2 ] any such distinction of extended use payments and extended installments, even if accepted, would not justify eradicating all petitioners' obligations beyond the patent term, but only those based on use above the stated minimums; for the minimums, by themselves, being payable whether or not a machine has been used, are precisely identical in ..... " to a machine, the other petitioner, $3,300. [ footnote 2 ] all but one of the 12 expired prior to the expiration of the license agreements. the exception was a patent whose mechanism was not incorporated in these machines. [ footnote 3 ] petitioners purchased their machines from prior purchasers under transfer agreements to which respondent was a party. [ footnote 4 ] note 1 ..... of certiorari. 376 u. s. 905 . we conclude that the judgment below must be reversed insofar as it allows royalties to be collected which accrued after the last of the patents incorporated into the machines had expired. the constitution by art. i, 8 authorizes congress to secure "for limited times" to inventors "the exclusive right" to their discoveries. congress .....

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Jun 08 1964 (FN)

Aro Mfg. Co., Inc. Vs. Convertible Top Co.

Court : US Supreme Court

Decided on : Jun-08-1964

..... the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." the granting of patent monopolies under this constitutional authority represents a very minor exception to the nation's traditional policy of a competitive business economy, such as is safeguarded by the antitrust ..... therefore, that, to the majority who joined in mr. justice whittaker's opinion, the asserted distinction was simply irrelevant, since convertible, as the holder of a combination patent, could under no circumstances prevent others from making and supplying unpatented and unpatentable replacement parts for any element of the combination. the court's opinion by mr. justice whittaker ..... of the convertible automobile sold by the ford motor company that anyone selling ready-made replacement fabrics for these automobiles would be guilty of contributory infringement of said patent." thus, the court's interpretation of the knowledge requirement affords aro no defense with respect to replacement fabric sales made after january 2, 1954. it would ..... had no license during that period. respondent filed an infringement suit against petitioners, who, without a license, made and sold replacement fabrics to fit cars using the patented top structures. the patent owner (respondent's assignor) notified petitioners on january 2, 1954, that petitioners' sale of fabrics to fit ford tops would be contributory infringement. on july 21, .....

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Mar 09 1964 (FN)

Sears, Roebuck and Co. Vs. Stiffel Co.

Court : US Supreme Court

Decided on : Mar-09-1964

..... as to prevent others, by imitating such markings, from misleading purchasers as to the source of the goods. [ footnote 9 ] but because of the federal patent laws, a state may not, when the article is unpatented and uncopyrighted, prohibit the page 376 u. s. 233 copying of the article itself or ..... stiffel lamps had complained to stiffel on learning that sears was selling substantially identical lamps at a much lower price. the district court, after holding the patents, invalid for want of invention, went on to find as a fact that sears' lamp was "a substantially exact copy" of stiffel's, and ..... united states district court for the northern district of illinois, claiming in its first count that, by copying its design, sears had infringed stiffel's patents, and, in its second count, that, by selling copies of stiffel's lamp, sears had caused confusion in the trade as to the source of ..... for such copying, as such use of state law conflicts with the exclusive power of the federal government to grant patents only to true inventions, and then only for a limited time. an unpatented article, being in the public domain, may be freely copied, though ..... decided march 9, 1964 376 u.s. 225 certiorari to the united states court of appeals for the seventh circuit syllabus respondent, whose design and mechanical patents are invalid for want of invention, cannot, under a state unfair competition law, obtain an injunction against copying its product or an award of damages .....

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Apr 20 1964 (FN)

Simpson Vs. Union Oil Co. of California

Court : US Supreme Court

Decided on : Apr-20-1964

..... relate to a wholly separate second issue involved in that case -- the validity of a license granted by general electric to westinghouse, under the patents owned by the former, to manufacture and sell lamps at prices fixed by the patentee licensor -- and have no relevance whatsoever to the issue ..... s. 488 . in addition to the unambiguous statement in chief justice taft's opinion for a unanimous court that "[t]he owner of an article, patented or otherwise, is not violating the common law or the anti-trust act by seeking to dispose of his articles directly to the consumer and fixing the ..... [ footnote 9 ] reliance is placed on united states v. general electric co., 272 u. s. 476 , where a consignment arrangement was utilized to market patented articles. union oil correctly argues that the consignment in that case somewhat page 377 u. s. 23 parallels the one in the instant case. [ footnote 10 ..... consigned were patented. page 377 u. s. 29 possession of patent rights on the article allegedly consigned has no legal significance to an inquiry directed to ascertaining whether the burdens, risks, ..... miles medical co. v. john d. park & sons co., 220 u. s. 373 , regardless of whether or not the article sold was patented. similarly, if the agreement created a bona fide agency, the consignment would be valid under the antitrust laws, again regardless of whether or not the article .....

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Jun 08 1964 (FN)

Wilbur-ellis Co. Vs. Kuther

Court : US Supreme Court

Decided on : Jun-08-1964

..... characteristics of size, location, shape and construction page 377 u. s. 425 of the six elements in question patented. petitioners, in adapting the old machines to a related use, were doing more than repair in the customary sense; but what they did was kin to ..... co., 365 u. s. 336 , which a majority of the court construe as holding that it was not infringement to replace the worn-out fabric of a patented convertible automobile top, whose original manufacture and sale had been licensed by the patentee. see no. 75, aro mfg. co. v. convertible top replacement co., ..... -ellis retained petitioner leuschner to put the machines in condition so they would operate and to resize six of the 35 elements that made up the patented combination. the resizing was for the purpose of enabling the machines to pack fish into "5-ounce" cans: 2 1/8 inches in diameter ..... decided june 8, 1964 377 u.s. 422 certiorari to the united states court of appeals for the ninth circuit syllabus respondent, who owned a combination patent covering a canning machine, authorized the sale of machines made thereunder designed to pack fish into "1-pound" cans. petitioner company bought four of these ..... that they were "repaired," not "reconstructed," within the meaning of the cases. when six of the 35 elements of the combination patent were resized or relocated, no invasion of the patent resulted, for, as we have said, the size of cans serviced by the machine was no part of the invention; nor were .....

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Mar 09 1964 (FN)

Compco Corp. Vs. Day-brite Lighting, Inc.

Court : US Supreme Court

Decided on : Mar-09-1964

..... for which compco was sought to be held liable were those of the predecessor company, mitchell. [ footnote 2 ] the court of appeals also affirmed the holding that the design patent was invalid. no review of this ruling is sought here. [ footnote 3 ] as stated in sears, roebuck & co. v. stiffel co., ante, p. 376 ..... was "the same, to the eye of the ordinary observer, as the overall appearance" of day-brite's reflector, which embodied the design of the invalidated patent; that the appearance of day-brite's design had "the capacity to identify [day-brite] in the trade, and does in fact so identify [it] ..... by doing this, compco had unfairly competed with day-brite. the complaint prayed for both an accounting and an injunction. the district court held the design patent invalid, but, as to the second count, while the court did not find that compco had engaged in any deceptive or fraudulent practices, it did ..... fixtures very similar to day-brite's. this action was then brought by day-brite. one count alleged that compco had infringed day-brite's design patent; a second count charged that the public and the trade had come to associate this particular design with day-brite, that compco had copied day-brite ..... 1964 376 u.s. 234 certiorari to the united states court of appeals for the seventh circuit syllabus design which is not entitled to design patent may be copied at will even though it identifies maker to trade, and injunction against such copying or an accounting for damages for copying is .....

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1964

Brulotte Vs. Thys Co.

Court : US Supreme Court

Decided on : Jan-01-1964

brulotte v. thys co. - 376 u.s. 905 (1964) u.s. supreme court brulotte v. thys co. , 376 u.s. 905 (1964) 376 u.s. 905 walter c. brulotte et al., petitioners, v. thys company. no. 707. supreme court of the united states february 17, 1964 edward s. irons, for petitioners. george w. wilkins, for respondent. petition for writ of certiorari to the supreme court of washington granted limited to questions 1 and 2 presented by the petition which read as follows: '1. whether it is a misuse to include in a license agreement a provision which perpetuates the monopoly of a licensed patent by a requirement that royalties be paid for the use of the invention after the patent has expired and the invention had been dedicated to the public. '2. whether it is a misuse or an antitrust violation to include in a license agreement a provision which extends the monopoly of a patent to unpatented subject matter by a provision which requires the payment of post-expiration royalties.' the case is placed on the summary calendar.[ brulotte v. thys co. 376 u.s. 905 (1964) ]

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Jun 22 1964 (FN)

United States Vs. Penn-olIn Chemical Co.

Court : US Supreme Court

Decided on : Jun-22-1964

..... co., 332 u. s. 319 , [ footnote 2/3 ] a sherman act violation resulted from a division of world markets for titanium pigments, the key being allocation of territories through patent license agreements. a similar arrangement was struck down in timken roller bearing co. v. united states, 341 u. s. 593 , where world trade territories were allocated among an american, a ..... inclination, resources and know-how to enter this market; both parent corporations of penn-olin had great resources; each had long been identified with the industry, one owning valuable patent rights while the other had engaged in sodium chlorate production for years; each had other chemicals the production of which required the use of sodium chlorate; right up to the ..... the sodium chlorate industry, and little effort had been made by existing companies to expand their facilities prior to 1957. in 1953, olin had made available to pennsalt its mathieson patented process for bleaching pulp with chlorine dioxide, and the latter had installed it 100% in all of the western paper mills. this process uses sodium chlorate. at about the ..... chemical for internal consumption, and has acted as sales agent for pennsalt in the southeastern territory under contracts dated in december, 1957, and february, 1958. olin also owns a patented process for bleaching pulp with chlorine dioxide. this process requires sodium chlorate, and has been widely used by paper manufacturers under royalty-free licenses. in addition, the record shows that .....

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Jun 22 1964 (FN)

United States Vs. Continental Can Co.

Court : US Supreme Court

Decided on : Jun-22-1964

..... conclusion that, "in the light of the record and of the competitive realities, the motion that . . . [the merged company] was likely to cease being an innovator in either line is patently absurd." surely this failure of the court's mock statistical analysis to reflect the facts as found on the record demonstrates what the government concedes, [ footnote 2/11 ] and what ..... and glass container lines. in the light of the record and of the competitive realities, the notion that it was likely to cease being an innovator in either line is patently absurd. " 217 f.supp. at 790 (footnote omitted). (emphasis added.) (4) with respect to the merger's effect on the glass container industry's efforts to compete with the metal .....

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Jun 22 1964 (FN)

Aptheker Vs. Secretary of State

Court : US Supreme Court

Decided on : Jun-22-1964

..... proscribe. the broad and enveloping prohibition indiscriminately excludes plainly relevant considerations such as the individual's knowledge, activity, commitment, and purposes in and places for travel. the section therefore is patently not a regulation "narrowly drawn to prevent the supposed evil," cf. cantwell v. connecticut, 310 u.s. at 310 u. s. 307 ; yet here, as elsewhere, precision must be the ..... of the federal courts to declare acts of congress unconstitutional lies in the power and duty of those courts to decide cases and controversies properly before them. this was made patent in the first case here exercising that power -- 'the gravest and most delicate duty that this court is called on to perform.' [holmes, j., in blodgett v. holden, 275 u .....

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