SMITH

v.

WESTERN UNION TELEGRAPH CO. ET AL.

Citator

Cited By

• Monsanto Co. v. Rohm & Haas Co., 456 F.2d 592 (3d Cir. 1972)
  …sgression but averts an injury to the public. The determination of when the maxim should be applied to bar this type of suit thus becomes of vital significance. See Morton Salt Co. v. Suppiger Co., 314 U.S. 488, 492-494 [788, 62 S.Ct. 402, 405, 406, 315 U.S. 788, 314 U.S. 488, 86 L.Ed. 363]. . The possession and assertion of patent rights are “issues of great moment to the public.” Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238, 246 [64 S.Ct. 997, 1001, 88 L.Ed. 1250]. See also Mercoid Corp. v.…
• Tech. Tape Corp. v. Minn. Mining & Mfg. Co., 247 F.2d 343 (2d Cir. 1957)
  …sive tape (Drew II patent) in two ways: (1) by selling its transparent adhesive tape on the condition that the purchaser thereof buy other 3M tape not covered by the patent in suit [*352] (citing Morton Salt Co. v. G. S. Suppiger Co., 314 U.S. 488, 315 U.S. 788, 62 S.Ct. 402, 86 L.Ed. 363); and (2) by selling its patented transparent adhesive tape on the condition that the purchaser thereof refrain from buying other adhesive tape products, not covered by the patent in suit, from any other manufacturer (cit…

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• Carter-Wallace, Inc. v. The United States, 449 F.2d 1374 (Ct. Cl. 1971)
  …aid a patentee in infringement litigation if the patentee, in dealing with the patent by licenses or product sales, engages in conduct violative of the antitrust laws or the principles of equity. Morton Salt Co. v. G. S. Suppiger Co., 314 U.S. 488, 315 U.S. 788, 62 S.Ct. 402, 86 L.Ed. 363 (1942). Such conduct has come to be called patent misuse and is an application of the equitable doctrine that he who seeks equity must come into court with clean hands. When patent misuse and its consequences have been di…