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Why Corp. v. Super Ironer Corp.

128 F.2d 539, 53 U.S.P.Q. 609 (1942)

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Why Corp. v. Super Ironer Corp.

United States Court of Appeals for the Sixth Circuit
128 F.2d 539, 53 U.S.P.Q. 609 (1942)

Facts

In 1927, the owner of a patent assigned title to the patent to his father, Timothy J. Watts. This assignment was recorded in 1937. In 1928, Watts assigned the patent to his company, Watts Laundry Machinery Company. In 1929, Watts Laundry Machinery Company reassigned the patent to Watts. Neither the 1928 assignment nor the 1929 reassignment was recorded. In April 1931, the Watts Laundry Machinery Company sold the patent to Super Ironer Corporation (defendant). The instrument of sale, which was recorded in June 1938, stated that the patent certificate had been mislaid. In September 1938, Watts purported to assign his rights in the patent to Harry Koplin. In February 1939, Harry Koplin assigned his rights in the patent to David Koplin. In December 1939, David Koplin assigned his rights in the patent to Why Corporation (plaintiff). These three assignments were all recorded. Why Corporation brought an infringement action against Super Ironer in federal district court. Super Ironer asserted its ownership of the patent as a defense. The court agreed with this defense and dismissed Why Corporation’s suit. Why Corporation appealed to the United States Court of Appeals for the Sixth Circuit.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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