Carbice Corp. of America v. American Patents Development Co.

Mr. Justice Brandéis

delivered the opinion of the Court.

The Circuit Court of Appeals held the patent valid and infringed. 38 F. (2d) 62. In our opinion delivered March 9, 1931, we found it unnecessary to determine the validity of the patent, because we held that the bill should be dismissed on the ground that the owner of a patent may not limit its use so as to require that unpatented materials employed in practicing the invention shall be purchased only from the licensor, ante, p. 27. On March 16, 1931, the Carbice Corporation petitioned that the Court rule also on the validity of the patent.…