WESTINGHOUSE CO. v. FORMICA CO.

No. 102.

266 U.S. 342 (1924)

WESTINGHOUSE ELECTRIC & MANUFACTURING COMPANY v. FORMICA INSULATION COMPANY.

Supreme Court of United States.

Decided December 8, 1924.


Attorney(s) appearing for the Case

Mr. John C. Kerr and Mr. Drury W. Cooper for petitioner.

Mr. Frederic D. McKenney and Mr. John H. Lee, with whom Mr. Wm. H. Dyrenforth was on the brief, for respondent.


MR. CHIEF JUSTICE TAFT delivered the opinion of the Court.

The important question in this case is the operation of the principle of estoppel on the character of defense to which the assignor of a patented invention is limited in a suit for infringement by the assignee. We may first usefully consider the rule that should obtain where the assignment is made after the issue of the patent, and then the difference in the rule...

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