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Standard Indus., Inc. v. Tigrett Indus., Inc., 397 U.S. 586 (1970)

Standard Industries, Inc. v. Tigrett Industries, Inc.

No. 445

Argued March 2, 1970

Decided April 20, 1970

397 U.S. 586

411 F.2d 1218, affirmed by an equally divided Court.


The judgments are affirmed by an equally divided Court.

MR. JUSTICE BLACK, with whom MR. JUSTICE DOUGLAS joins, dissenting.

In this case, respondents sued petitioner for payments alleged to be due under a patent licensing agreement. At trial and on appeal, petitioner defended primarily on the ground that its product did not involve any use of the respondent's patent. Petitioner did not at any time attack the validity of the patent itself, and apparently conceded that controlling law prevented it from doing so. The District Court found that the product did utilize the patented invention, and awarded damages. The Court

Page 397 U. S. 587

of Appeals for the Sixth Circuit affirmed in an opinion delivered May 27, 1969, 411 F.2d 1218.

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