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Heyer v. Duplicator Manufacturing Co., 263 U.S. 100 (1923)

Heyer v. Duplicator Manufacturing Company

No. 75

Argued October 15, 16, 1923

Decided November 12, 1923

263 U.S. 100


The sale, by the patentee, of a costly and durable copying machine dependent for its operation on bands of gelatine, which are attached to spools and which cost little and are quickly used up, implies a right in the purchaser to replace such bands as they wear out, without further consent of the seller, and their manufacture and sale for that purpose by another is therefore not an infringement, though the band, when used in the combination, is covered by the patent. Wilson v. Simpson, 9 How. 109. P. 263 U. S. 101.

284 F. 242 reversed.

Certiorari to a decree of the circuit court of appeals which reversed a decree of the district court and directed one for the plaintiff, the present respondent, in a suit for infringement of a patent.

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