United States Supreme Court Cases & Opinions

U.S. Supreme Court

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

Carbice Corporation of America v.

American Patents Development Corporation

No. 54

Argued January 16, 19, 1931

Decided March 9, 1931

283 U.S. 27

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. 283 U. S. 31.

Page 283 U. S. 28

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. 283 U. S. 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. 283 U. S. 420.