United States Supreme Court Cases & Opinions

U.S. Supreme Court

Deepsouth Packing Co., Inc. v. Laitram Corp., 406 U.S. 518 (1972)

Deepsouth Packing Co., Inc. v. Laitram Corp.

No. 71-315

Argued April 11, 1972

Decided May 30, 1972

406 U.S. 518

Syllabus

Petitioner is not foreclosed by 35 U.S.C. § 271(a), which proscribes the unauthorized making of any patented invention within the United States, from making the parts of shrimp deveining machines (for which respondent was adjudged to have valid combination patents) to sell to foreign buyers for assembly by the buyers for use abroad. The word "makes" as used in § 271(a) does not extend to the manufacture of the constituent parts of a combination machine, and the unassembled export of the elements of an invention does not infringe the patent. Radio Corp. of America v. Andrea, 79 F.2d 626. Pp. 51532.

443 F.2d 936, reversed and remanded.

WHITE, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, STEWART, and MARSHALL, JJ., joined. BLACKMUN, J., filed a dissenting opinion, in which BURGER, C.J., and POWELL and REHNQUIST, JJ., joined, post, p. 406 U. S. 532.