|
|
Scott Paper Co. v. Marcalus Mfg. Co., Inc., 326 U.S. 249 (1945)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Scott Paper Co. v. Marcalus Mfg. Co., Inc., 326 U.S. 249 (1945)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 326 U.S. 242, click here.
Scott Paper Co. v. Marcalus Manufacturing Co., Inc. No. 54 Argued October 17, 1945 Decided November 13, 1945 326 U.S. 249
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. The nature and extent of the legal consequences of the expiration of a patent are federal questions, the answers to which are to be derived from the patent laws and the policies which they adopt. P. 255.
2. An assignor of a patent is not estopped by virtue of his assignment to defend a suit for infringement of the assigned patent on the ground that the alleged infringing device is that of a prior art expired patent. Westinghouse Co. v. Formica Co., 266 U.S. 342, distinguished. Pp. 250, 257.
3. The application of the doctrine of estoppel so as to foreclose the assignor of a patent from asserting the right to make use of the prior art invention of an expired patent which anticipates that of the assigned patent is inconsistent with the patent laws, which dedicate to public use the invention of an expired patent. P. 257.
4. The patent laws do not contemplate that anyone, by contract or any form of private arrangement, may withhold from the public the use of the invention of an expired patent, the public right to the enjoyment of which has been secured by the grant of a monopoly of the patented invention for a limited time. P. 256.
147 F.2d 608 affirmed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Scott Paper Co. v. Marcalus Mfg. Co., Inc., 326 U.S. 249 (1945) in 326 U.S. 249 326 U.S. 250. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=DX72D5R4DAPQPLG.
MLA: U.S. Supreme Court. "Syllabus." Scott Paper Co. v. Marcalus Mfg. Co., Inc., 326 U.S. 249 (1945), in 326 U.S. 249, page 326 U.S. 250. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=DX72D5R4DAPQPLG.
Harvard: U.S. Supreme Court, 'Syllabus' in Scott Paper Co. v. Marcalus Mfg. Co., Inc., 326 U.S. 249 (1945). cited in 1945, 326 U.S. 249, pp.326 U.S. 250. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=DX72D5R4DAPQPLG.
|