Stein Associates, Inc. v. Heat and Control, Inc.
United States Court of Appeals for the Federal Circuit
748 F.2d 653 (1984)
- Written by Elliot Stern, JD
Facts
On February 2, 1973, Heat and Control, Inc. (H&C) (defendant) filed a patent application in the US for two patents related to a steam oven. H&C filed for British patents for the same technology on May 9, 1973, claiming right of priority based on the date of the filing for the US patent. In 1983, Stein Associates, Inc. (Stein) (plaintiff), which sought to sell a steam oven in Britain, filed an action in the US seeking a declaratory judgment that H&C’s US patents were invalid. While the matter was pending, H&C sued Stein for patent infringement in Great Britain for selling a steam oven H&C alleged violated its British patents. Stein asked the US court for a preliminary injunction to prevent H&C from pursuing the enforcement of H&C’s patents in Britain. Stein argued that H&C’s US patents were invalid and that, consequently, H&C could not claim for its British patents the benefit of the February 2, 1973, filing date of its US patent application. The court denied the motion, and Stein appealed.
Rule of Law
Issue
Holding and Reasoning (Markey, C.J.)
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