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In United States patent law, patent misuse is a patent holder's use of a patent to restrain trade beyond enforcing the exclusive rights that a lawfully obtained patent provides. [1] If a court finds that a patent holder committed patent misuse, the court may rule that the patent holder has lost the right to enforce the patent.
Walker Process Equipment, Inc. v. Food Machinery & Chemical Corp., 382 U.S. 172 (1965), was a 1965 decision of the United States Supreme Court that held, for the first time, that enforcement of a fraudulently procured patent violated the antitrust laws and provided a basis for a claim of treble damages if it caused a substantial anticompetitive effect.
Once a patent has expired, the benefits of the invention are to be enjoyed by the public and may not be extended by trademark. Mackay Radio & Telegraph Co. v. Radio Corporation of America: 306 U.S. 618: 1939: Morton Salt Co. v. G.S. Suppiger Co. 314 U.S. 488: 1942: Patent misuse. United States v. Univis Lens Co. 316 U.S. 241: 1942
A patent was sought in 1961, and finally, on April 27, 1965, Pampers disposable diapers gained their patent, legitimizing (but not necessarily protecting) P&G's huge leap forward for diaper-weary ...
Brulotte v. Thys Co., 379 U.S. 29 (1964), was a Supreme Court of the United States decision holding that a contract calling for payment of patent royalties after the expiration of the licensed patent was misuse of the patent right and unenforceable under the Supremacy Clause, state contract law notwithstanding. [1]
The case was a combination of two separate lawsuits: one brought by Sperry Rand Corporation and its holding company Illinois Scientific Developments against Honeywell Corporation in Washington, D.C., charging Honeywell with patent infringement and demanding royalties, and a countersuit filed in Minneapolis, Minnesota by Honeywell charging Sperry Rand with monopoly and fraud and seeking the ...
Zenith Radio Corp. v. Hazeltine Research, Inc. is the caption of several United States Supreme Court patent–related decisions, the most significant of which is a 1969 patent–antitrust and patent–misuse decision concerning the levying of patent royalties on unpatented products.
Morton Salt Co. v. G.S. Suppiger Co., 314 U.S. 488 (1942), is a patent misuse decision of the United States Supreme Court.It was the first case in which the Court expressly labeled as "misuse" the Motion Picture Patent / Carbice tie-in defense to a charge of patent infringement and created the present blanket remedy in infringement cases of unenforceability of the misused patent. [1]