Mandel Brothers, Inc. v. Wallace (335 U.S. 291)
U.S. Supreme Court · decided November 8, 1948 · Supreme Court Database (Spaeth)
- Citation
- 335 U.S. 291 · 69 S. Ct. 73
- Decided
- November 8, 1948
- Term
- October Term 1948
- Vote
- 9–0
- Majority author
- Justice Black
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Black delivered the opinion of the Court. The respondent, owner of Wallace and Hand patent No. 2,236,387, filed a complaint against this petitioner for infringement of claims 1 to 6, 8 to 13, 15 and 16. The District Court held the claims invalid for want of patentable invention and dismissed the complaint. 67 F. Supp. 814. The United States Court of Appeals for the Seventh Circuit held the claims valid and reversed. 164 F. 2d 861. The United States Court of Appeals for the Second Circuit had previously affirmed a district court’s invalidation of the same patent. Wallace v. F. W. Woolworth Co., 45 F. Supp. 465; 133 F. 2d 763. To resolve the conflict we granted certiorari. The patent is for an “improved” cosmetic preparation to retard or inhibit perspiration. Prior to application for the patent (1938), many antiperspirants were on the market containing acid salts of a metal, usually aluminum chloride or aluminum sulfate. The acidity produced by these acid-reacting salts is an astringent which retards perspiration. But, as stated in the patent specifications, the acid sometimes irritates the skin and also rots clothing to which the acid may adhere, particularly when that clothing is heated by ironing. Thus in the old antiperspirants the astringent qualities of the acid were desirable because essential to their effectiveness in retarding perspiration; on the other…
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