Leitch Mfg. Co. v. Barber Co.
Annotate this Case
302 U.S. 458 (1938)
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U.S. Supreme Court
Leitch Mfg. Co. v. Barber Co., 302 U.S. 458 (1938)
Leitch Manufacturing Co. v. Barber Company
Argued December 14, 1937
Decided January 3, 1938
302 U.S. 458
1. The owner of a patent for a process for curing concrete by the use of a spray of bituminous emulsion, an unpatented article of commerce, cannot enjoin as a contributory infringer a competing manufacturer who sold bituminous emulsion to a road contractor who used it in practicing the patented method. Pp. 302 U. S. 460, 302 U. S. 463.
3. The rule of the Carbice case, supra, is applicable whether the patent be for a machine, a product, or a process, and whatever the nature of the device by which the owner of the patent seeks to effect such unauthorized extension of the monopoly. P. 302 U. S. 463.
89 F.2d 960 reversed.
Certiorari, post, p. 673, to review a decree which, upon appeal from a decree dismissing the bill in a suit for contributory infringement of a patent, 14 F.Supp. 212, directed the District Court to enter a decree adjudging the claims in issue valid and infringed and awarding an accounting.