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Triplett v. Lowell, 297 U.S. 638 (1936)
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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.
Triplett v. Lowell, 297 U.S. 638 (1936)
Triplett v. Lowell No. 388 Argued March 4, 5, 1936 Decided March 30, 1936 * 297 U.S. 638
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Syllabus
1. Neither the disclaimer statute, R.S. §§ 4917, 4922, nor the rules of the common law applicable to successive litigations concerning the same subject matter preclude relitigation of the validity of a patent claim previously held invalid in a suit against a different defendant. P. 642.
2. The court whose jurisdiction is invoked by a suit for infringement of a patent must determine for itself the validity of the claims asserted, notwithstanding a prior adjudication of invalidity of some of them, unless those issues have become res judicata by reason of the fact that both suits are between the same parties or their privies. Only if it holds that the claims are invalid may it be called upon to apply the disclaimer statute and to decide whether the patentee, under all the circumstances presented, has unreasonably delayed or neglected to enter a disclaimer of the claims of whose invalidity he had notice in the prior suit. P. 645.
3. Where suit on a patent is brought in a circuit in which the circuit court of appeals had held some of the claims invalid, the court, in the second suit, must decide whether the issues of law and fact in the two cases are the same, and, if they are not, it is not bound by the earlier decision. P. 648.
4. This Court will not answer on certificate questions covering unstated matter lurking in the record, or which admit of different answers dependent on circumstances not stated, academic questions, or questions the answers to which depend upon other answers for which no basis is laid in the certificate. P. 648.
77 F.2d 556 affirmed.
Certificate in No. 590 dismissed.
Certiorari, 296 U.S. 570, to review the reversal of a decree dismissing a suit for infringement of a patent. The second case, No. 590, of like character, came up by certificate from the Circuit Court of Appeals of another circuit.
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Chicago: U.S. Supreme Court, "Syllabus," Triplett v. Lowell, 297 U.S. 638 (1936) in 297 U.S. 638 297 U.S. 639. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=YDHMWRY5DCDIKZE.
MLA: U.S. Supreme Court. "Syllabus." Triplett v. Lowell, 297 U.S. 638 (1936), in 297 U.S. 638, page 297 U.S. 639. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YDHMWRY5DCDIKZE.
Harvard: U.S. Supreme Court, 'Syllabus' in Triplett v. Lowell, 297 U.S. 638 (1936). cited in 1936, 297 U.S. 638, pp.297 U.S. 639. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=YDHMWRY5DCDIKZE.
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