Legal Opinion · Concurrence
Aero Spark Plug Co. v. BG Corporation
Court of Appeals for the Second Circuit
Decided August 14, 1942No. 319Published
1ConcurrenceFrank, Circuit Judge
I concur. But I think we should also hold the patent invalid. That issue was squarely raised in the court below and in this court. When such an issue is raised, and when the patent is invalid, I think it is our duty so to decide. In Exhibit Supply Co. v. Ace Patents Corp., 315 U.S. 126, 62 S.Ct. 513, 86 L.Ed. 736, a majority of the court refused to consider whether a patent was invalid for want of invention while holding there was no infringement; but that refusal was explicitly rested on the sole ground that the issue of lack of invention was not before the court as it had been raised by the…
2Cases cited43 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Great Northern Railway Co. v. Sunburst Oil & Refining Co.Supreme Court of the United States · 1932
- Webster v. FallSupreme Court of the United States · 1925
- Seymour v. OsborneSupreme Court of the United States · 1871
- Morton Salt Co. v. G. S. Suppiger Co.Supreme Court of the United States · 1942
38 more not listed; retrieve them via the Exa API.