Legal Opinion

Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.

Supreme Court of the United States

Decided January 8, 1951No. 32PublishedCited by 1,144 opinions

1Opinion of the CourtJustice Jackson

Two courts below have concurred in holding three patent claims to be valid,1 and it is stipulated that, if valid, they have been infringed. The issue, for the resolution of which we granted certiorari,2 is whether they applied correct criteria of invention. We hold that they have not, and that by standards appropriate for a combination patent these claims are invalid.

*149Stated without artifice, the claims assert invention of a cashier’s counter equipped with a three-sided frame, or rack, with no top or bottom, which, when pushed or pulled, will move groceries deposited within it by a customer to…

2Cases cited11 opinions

  1. Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
  2. Cuno Engineering Corp. v. Automatic Devices Corp.Supreme Court of the United States · 1942
  3. McClain v. OrtmayerSupreme Court of the United States · 1891
  4. Lincoln Engineering Co. v. Stewart-Warner Corp.Supreme Court of the United States · 1938
  5. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1949

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3Cited by1,144 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  3. Dalehite v. United StatesSupreme Court of the United States · 1953
  4. KSR International Co. v. Teleflex Inc.Supreme Court of the United States · 2007
  5. Microsoft Corp. v. i4i Ltd. PartnershipSupreme Court of the United States · 2011

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