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James B. Clow & Sons, Inc. v. United States Pipe and Foundry Co.

313 F.2d 46, 136 U.S.P.Q. 397 (1963)

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James B. Clow & Sons, Inc. v. United States Pipe and Foundry Co.

United States Court of Appeals for the Fifth Circuit
313 F.2d 46, 136 U.S.P.Q. 397 (1963)

Facts

Yves Mathieu applied for two patents on a device used to join pipes. The first application was filed in Brazil in 1955. The second was filed in the United States on May 25, 1956. On May 28, 1956, Lawrence Haugen and Carl Henrikson applied for a patent on a similar invention. An interference proceeding ensued. Haugen and Henrikson were awarded priority. Haugen and Henrikson assigned their rights in the patent to United States Pipe and Foundry Company (U.S. Pipe and Foundry) (plaintiff). James B. Clow & Sons, Inc. (Clow) (defendant), a competitor of U.S. Pipe and Foundry, produced a similar pipe joint. U.S. Pipe and Foundry brought an infringement suit against Clow in federal district court. Clow counterclaimed that U.S. Pipe and Foundry had committed fraud and that Mathieu—not Haugen and Henrikson—was the first inventor. However, there was evidence that the Brazilian invention differed significantly from the invention covered by the patent at issue. The court ruled in favor of U.S. Pipe and Foundry, finding no evidence of fraud. Clow appealed. The United States Court of Appeals for the Fifth Circuit granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Bell, J.)

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