Sontag Chain Stores Co., Ltd. v. National Nut Co., 310 U.S. 281 (1940)

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Sontag Chain Stores Co., Ltd. v. National Nut Co. of California

No. 671

Argued April 24, 1940
Decided May 20, 1940
310 U.S. 281

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. One who, subsequently to the issuance of a patent but prior to the filing of an application for a reissue patent on broadened claims, put into use a machine which it is alleged infringes the reissue patent, though it does not infringe the original patent, held, in the absence of fraud or bad faith, to have acquired intervening rights which barred injunctive relief against continued use of the accused machine. Pp. 282, 293-295.

2. That, at the time the accused machine was first put into use, the alleged infringer was without actual knowledge of the original patent does not defeat the claim of intervening rights. P. 295.

3. Assumed, but not decided, that (apart from the question of intervening rights) the reissue patent here involved was valid and infringed. P. 285.

107 F.2d 318, reversed.

Certiorari, 309 U.S. 645, to review the reversal of a decree denying an injunction to restrain alleged infringement of a patent.