McCULLOUGH v. KAMMERER CORPORATION ET AL. (331 U.S. 96)
U.S. Supreme Court · decided April 28, 1947 · Supreme Court Database (Spaeth)
- Citation
- 331 U.S. 96 · 67 S. Ct. 1165
- Decided
- April 28, 1947
- Term
- October Term 1946
- Vote
- 9–0
- Majority author
- Justice Black
- Issue area
- Judicial Power
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Black delivered the opinion of the Court. In an earlier phase of this patent infringement suit a patent owned by respondent Kammerer was held valid and infringed by the petitioner. An accounting for profits and damages was ordered. 39 F. Supp. 213. The Circuit Court of Appeals affirmed. 138 F. 2d 482. We granted certiorari to consider whether a license agreement between respondents Kammerer and Baash-Ross contained restrictions which were contrary to public policy and unlawful so as to bar recovery against petitioner. On oral argument of the case here it developed that no findings of fact had been made by the District Court on this issue, nor had the question been presented to or passed on by the Circuit Court of Appeals. We therefore dismissed the writ of certiorari. 323 U. S. 327. On remand, the Circuit Court of Appeals did not disturb its original affirmance of the District Court’s holding that the patent was valid and infringed. But on motion of the petitioner, the court amended its judgment of affirmance so as to authorize the District Court to “entertain a motion or motions ... to modify or set aside its order or orders for . . . damages and accountings thereof, and take such action thereon as it may determine” concerning petitioner’s contention that respondents’ unlawful use of the patent should bar all recovery for infringement. 148 F. 2d 525, 526.…
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