E.E. Eggebrecht, Inc. v. Waters

I respectfully dissent from the basic conclusion of the majority opinion that the question of non-use of the reservoir site can be raised only by the United States and not by the patentees and their successors in interest. I conclude that the successor in interest to the patentee from the United States has the capacity to raise the question of non-use.

In concluding that it is only the United States which can seek a forfeiture, the majority opinion relies upon Wiltbank v. Lyman Water Company (Ct.App. 1970), 13 Ariz.App. 4854, 477 P.2d 771. There are significant differences between the Wiltbank…