Scott Paper Co. v. Marcalus Manufacturing Co.

In this patent infringement suit the question is whether the assignor of a patent is estopped by virtue of his assignment to defend a suit for infringement of the assigned patent on the ground that the alleged infringing device is that of a prior art, expired patent.

Automatic Paper Machinery Company, Inc., petitioner’s assignor, acquired by assignment, from respondent Marcalus, Patent No. 1,843,429 of February 2,1932, issued on the application of Marcalus for “a method and machine for mounting a cutting strip of a hard non-metallic substance on an edge of a box blank.” The patent describes…