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Corona Cord Tire Co. v. Dovan Chemical Corp.

276 U.S. 358, 48 S. Ct. 380, 72 L. Ed. 610 (1928)

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Corona Cord Tire Co. v. Dovan Chemical Corp.

United States Supreme Court
276 U.S. 358, 48 S. Ct. 380, 72 L. Ed. 610 (1928)

Facts

In 1916, George Kratz created an accelerator for the vulcanization of rubber. Kratz ran tests and kept notes on the invention at his place of employment. Kratz also discussed the invention with his work colleagues. In 1918, Kratz conducted tests on the invention that became the basis for a paper he presented at a meeting of the American Chemical Society in 1919. The paper was published in 1920. Morris Weiss conducted tests on the same type of rubber accelerator in 1919 (though the exact date was contested) and applied for a patent in 1921. The patent was issued in 1922 and assigned to Dovan Chemical Corporation (Dovan) (plaintiff). Dovan brought a patent-infringement suit against Corona Cord Tire Company (Corona) (defendant) in federal district court. Corona argued against the validity of Dovan’s patent. The court agreed, dismissing Dovan’s claim. The court of appeals reversed, holding that Weiss was the true first inventor. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Taft, C.J.)

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