Legal Opinion

Katz v. Horni Signal Mfg. Corporation

Court of Appeals for the Second Circuit

Decided December 20, 1944No. 76PublishedCited by 24 opinions

1Opinion of the Court

FRANK, Circuit Judge.

1. Epoch-making “discoveries” of “mere” general scientific “laws,” without more, cannot be patented. So the great “discoveries” of Newton or Faraday could not have been rewarded with such a grant of monopoly. Interestingly enough, apparently many scientists like Faraday care little for monetary rewards; generally the motives of such outstanding geniuses are not pecuniary. Perhaps (although no one really knows) the same cannot be said of those lesser geniuses who put such discoveries to practical uses. At any rate, the persons who do such lesser work are not outside our…

2Cases cited18 opinions

  1. United States & Interstate Commerce Commission v. American Railway Express Co.Supreme Court of the United States · 1924
  2. Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
  3. O'Reilly v. MorseSupreme Court of the United States · 1854
  4. Electrical Fittings Corp. v. ThomasSupreme Court of the United States · 1939
  5. Altvater v. FreemanSupreme Court of the United States · 1943

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3Cited by24 opinions

  1. Brenner v. MansonSupreme Court of the United States · 1966
  2. Thys Co. v. OesteDistrict Court, N.D. California · 1953
  3. Ralston Purina Co. v. Far-Mar-Co, Inc.District Court, D. Kansas · 1984
  4. Marcus Haliczer, D/B/A Noveltex Products Co. v. The United StatesUnited States Court of Claims · 1966
  5. Benz v. Celeste Fur Dyeing & Dressing Corp.Court of Appeals for the Second Circuit · 1946

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