Continental Paper Bag Co. v. Eastern Paper Bag Co.
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Continental Paper Bag Co. v. Eastern Paper Bag Co., 210 U.S. 405 (1908), was a case in which the Supreme Court of the United States established the principle that patent holders have no obligation to use their patent.
[edit] Facts
Eastern Paper Bag brought an action to prevent its competitor Continental Paper Bag from using its patent for a "self-opening" paper bag. Continental Paper Bag alleged that Eastern Paper Bag was not using its patent but simply trying to suppress competition.
[edit] Decision of the Supreme Court
The Supreme Court rejected this argument by Continental Paper Bag, holding that it was the essence of the patent to exclude others without question of motive.
References
Herbert Hovenkamp and Mark D. Janis, "Unilateral Refusals to License in the U.S.", Working Paper No. 303, Stanford Law School John M. Olin Program in Law and Economics, April 2005: [2]
[edit] External link
- ^ 210 U.S. 405 Full text of the opinion courtesy of Findlaw.com.
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