Supreme Court of United States.https://leagle.com/images/logo.png
Argued December 6, 1978.
Decided February 28, 1979.
Attorney(s) appearing for the Case
C. Lee Cook, Jr., argued the cause for petitioner. With him on the briefs were David C. Bogan, Robert S. Robin, and Robert E. Knechtel.
Erwin N. Griswold argued the cause and filed a brief for respondent.
Barry Grossman argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General McCree, Assistant Attorney General Shenefield, Deputy Solicitor General Easterbrook, Stephen M. Shapiro, and Roger B. Andewelt.*
Edward S. Irons and Richard H. Stern filed a brief for Ercon, Inc., as amicus curiae urging affirmance.
Briefs of amici curiae were filed by Tom Arnold for the American Patent Law Assn.; and by Leonard B. Mackey and Eugene L. Bernard for the Licensing Executives Society (U. S. A.), Inc.
Supreme Court of United States.
MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.
We granted certiorari, 436 U.S. 943, to consider whether federal patent law pre-empts state contract law so as to preclude enforcement of a contract to pay royalties to a patent applicant, on sales of articles embodying the putative invention, for so long as the contracting party sells them, if a patent is not granted.
(1)
In October 1955 the petitioner...
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