Paper Converting MacHine Company v. Magna-Graphics Corporation

I dissent from the majority’s holding that Magna-Graphics’ activities in connection with the Fort Howard machine constitute direct infringement of any claim of Paper Converting’s patent. The majority’s conclusion necessitates giving a meaning to “patented invention” contrary to the definition set forth by the Supreme Court in Deepsouth Packing Co. v. Laitram Corp., 406 U.S. 518, 92 S.Ct. 1700, 32 L.Ed.2d 273 173 USPQ 769 (1972).

The analysis must begin with the statutory language of 35 U.S.C. § 271(a):

Except as otherwise provided in this title, whoever without authority makes, uses or sells…