Carbice Corp. v. Patents Development Corp., 283 U.S. 27 (1931)

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Carbice Corporation of America v.


American Patents Development Corporation
No. 54


Argued January 16, 19, 1931
Decided March 9, 1931
283 U.S. 27

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

1. A patentee cannot lawfully exact, as the condition of a license, that unpatented materials used in connection with the invention shall be purchased only from himself. P. 31.

2. One who supplies unpatented materials to the licensee to be used in disregard of such a condition is not liable to the patentee as a contributory infringer. P. 31. 38 F.2d 62, reversed.

Certiorari, 281 U.S. 711, to review a decree sustaining the patent of the present respondent and adjudging infringement. The District Court had dismissed the bill upon the ground that no infringement had been shown. 25 F.2d 730.

A petition for further consideration was granted in this case, April 13, 1931, limited to the question of the validity of the patent. After reargument, the patent was held void. See post, p. 420.