Jungersen v. Ostby & Barton Co. et al. (335 U.S. 560)
U.S. Supreme Court · decided January 3, 1949 · Supreme Court Database (Spaeth)
- Citation
- 335 U.S. 560 · 69 S. Ct. 269
- Docket
- No. 7
- Argued
- November 10, 1948
- Decided
- January 3, 1949
- Term
- October Term 1948
- Vote
- 6–3
- Majority author
- Justice Reed
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Douglas, Justice Reed (wrote), Justice Black, Justice Rutledge, Justice Murphy
- Dissenting
- Justice Burton, Justice R. H. Jackson (wrote), Justice Frankfurter (wrote)
Opinion excerpt
Me. Justice Reed delivered the opinion of the Court. The issue here is the validity of United States Patent No. 2,118,468 which covers a “method of casting articles of intricate design and a product thereof.” The patent was granted to Jungersen on May 24, 1938. In 1941, Ostby and Barton Company instituted in the United States District Court for the District of New Jersey an action for a declaratory judgment that the patent was invalid and not infringed. Jungersen, by counterclaim, alleged infringement and sought an injunction. The District Court held Claims 1-4 valid but not infringed and Claims 5-6 invalid because too broad. 65 F. Supp. 652. The United States Court of Appeals for the Third Circuit affirmed on the reasoning of the District Court. 163 F. 2d 312. We denied petitions by both parties for certiorari. 332 U. S. 851, 852. In 1944, Jungersen filed suit against Baden in the United States District Court for the Southern District of New York, in which he alleged infringement of the patent and sought damages, profits, and injunctive relief. That court held all the claims invalid. 69 F. Supp. 922. The United States Court of Appeals for the Second Circuit affirmed. 166 F. 2d 807. Vacating the prior orders which denied it in the Ostby and Barton proceeding, we granted certiorari in both cases in order to settle the conflict. 334 U. S. 835. Since the parties do not assert…
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