Legal Opinion
United Carbon Co. v. Binney & Smith Co.
Supreme Court of the United States
Decided December 14, 1942No. 71PublishedCited by 241 opinions
1Opinion of the CourtJustice Jackson
Respondent sued for infringement of Patent No. 1,889,-429, issued to Weigand and Venuto, relating to carbon black in aggregated form and a process for its conversion to that form. Its complaint was particularized to apply only to claims 1 and 2 of the patent, which are product claims and not process claims. The District Court found these claims invalid as lacking novelty and invention and because they failed to define the product asserted to have been invented in such clear, definite, and exact terms as required by patent law. It also found no infringement. 37 F. Supp. 779. The Circuit Court…
2Cases cited7 opinions
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- Schriber-Schroth Co. v. Cleveland Trust Co.Supreme Court of the United States · 1940
- Exhibit Supply Co. v. Ace Patents Corp.Supreme Court of the United States · 1942
- Muncie Gear Works, Inc. v. Outboard, Marine & Manufacturing Co.Supreme Court of the United States · 1942
- Holland Furniture Co. v. Perkins Glue Co.Supreme Court of the United States · 1928
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3Cited by241 opinions
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- Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
- Nautilus, Inc. v. Biosig Instruments, Inc.Supreme Court of the United States · 2014
- Datamize, L.L.C. v. Plumtree Software, Inc.Court of Appeals for the Federal Circuit · 2005
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