PATENTS - INFRINGEMENT - ESTOPPEL BASED ON PRIOR INTERFERENCE PROCEEDINGS

Authors

Abstract

The defendant was sued for infringement of certain basic process patents held by plaintiff corporation covering the recording of sound upon motion picture film. The defendant had applied for a patent for substantially this invention, but had lost in interference proceedings declared between him and the plaintiff here, who had also applied at about the same time. Because of these acts of applying and contesting interference proceedings, plaintiff here claimed that defendant was now estopped to set up in defense to this suit the non-patentable nature of the invention. Held, that the patent was invalid for anticipation and that the defendant was not estopped to set up such invalidity. Paramount Publix Corp. v. American Tri-Ergon Corp., (C. C. A. 2d, 1935) U.S. LAW WEEK, index p. 596 (Mar. 5, 1935).

Recommended Citation

PATENTS - INFRINGEMENT - ESTOPPEL BASED ON PRIOR INTERFERENCE PROCEEDINGS, 34 Mich. L. Rev. 436 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss3/22