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Walker Process Equipment, Inc. v. Food Machinery & Chemical Corp.

382 U.S. 172 (1965)

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Walker Process Equipment, Inc. v. Food Machinery & Chemical Corp.

United States Supreme Court
382 U.S. 172 (1965)

Facts

Food Machinery & Chemical Corporation (Food Machinery) (plaintiff) held a patent on knee-action swing diffusers used in sewage-treatment equipment. Food Machinery brought an action against Walker Process Equipment, Inc. (Walker) (defendant) for infringement of the patent. Walker counterclaimed for a declaratory judgment of patent invalidity. Food Machinery later moved to dismiss the action due to expiration of the patent. However, Walker amended its counterclaim to allege that Food Machinery had fraudulently obtained the patent by swearing before the patent office that the invention had not been in public use for more than a year before the patent application was filed, even though Food Machinery itself had participated in public use of the invention during that timeframe. Walker further alleged that Food Machinery had used its fraudulently obtained patent to illegally monopolize foreign and interstate commerce in violation of the Sherman Antitrust Act. The federal district court granted Food Machinery’s motion to dismiss, which also resulted in the dismissal of Walker’s amended counterclaim. Walker appealed to the federal court of appeals, which affirmed the district court, and to the United States Supreme Court, which granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Clark, J.)

Concurrence (Harlan, J.)

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Casebooks

Antitrust
Patent

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