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WALKER, INC. v. FOOD MACHINERY

No. 13.

382 U.S. 172 (1965)

86 S.Ct. 347

15 L.Ed.2d 247

WALKER PROCESS EQUIPMENT, INC. v. FOOD MACHINERY & CHEMICAL CORP.

Supreme Court of United States.

Decided December 6, 1965.

Attorney(s) appearing for the Case

Charles J. Merriam argued the cause for petitioner. With him on the briefs were Edward A. Haight and Louis Robertson.

Sheldon O. Collen argued the cause for respondent. With him on the brief were R. Howard Goldsmith, Charles W. Ryan and Lloyd C. Hartman.

Daniel M. Friedman argued the cause for the United States, as amicus curiae, urging reversal. On the brief were Assistant Attorney General Orrick and Robert B. Hummel.

MR. JUSTICE CLARK delivered the opinion of the Court.

The question before us is whether the maintenance and enforcement of a patent obtained by fraud on the Patent Office may be the basis of an action under § 2 of the Sherman Act,1 and therefore subject to a treble damage claim by an injured party under § 4 of the Clayton Act.2 The respondent, Food Machinery & Chemical Corp. (hereafter Food Machinery...

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