John E. Thropp's Sons Co. v. Seiberling
264 U.S. 320 (1924)

Annotate this Case

U.S. Supreme Court

John E. Thropp's Sons Co. v. Seiberling, 264 U.S. 320 (1924)

John E. Thropp's Sons Co. v. Seiberling

No. 18

Argued January 21, 22, 1924

Decided April 7, 1924

264 U.S. 320

Syllabus

1. Patent No. 941,962, granted to one State, November 30, 1909, Claims 4-7, inclusive, 12, 13, and 22-26, inclusive, for the making of the outer shoes or casings of pneumatic automobile tires composed of woven fabric treated with rubber, is void for lack of invention, viewed either as a mechanical or as a method patent. P. 264 U. S. 327.

2. The fact that wide and successful use of a device has been made under license from the patentee may be evidence of patentable novelty, but is by no means conclusive, and must be weighed in the light of all the circumstances. P. 264 U. S. 329.

284 F. 746 reversed.

Certiorari to a decree of the circuit court of appeals holding the respondent's patent valid and infringed by the petitioner and reversing a decree of the district court which dismissed the respondent's bill to enjoin infringement.

Page 264 U. S. 321

Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.