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STANDARD INDUSTRIES v. TIGRETT, INC.

No. 445.

397 U.S. 586 (1970)

90 S.Ct. 1310

25 L.Ed.2d 590

STANDARD INDUSTRIES, INC. v. TIGRETT INDUSTRIES, INC., ET AL.

Supreme Court of United States.

Decided April 20, 1970

Attorney(s) appearing for the Case

I. Walton Bader argued the cause for petitioner. With him on the briefs was Maximilian Bader.

Ralph W. Kalish argued the cause and filed a brief for respondents.

Lawrence G. Wallace argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Griswold, Assistant Attorney General McLaren, and Richard H. Stern.

Sidney Neuman argued the cause for the American Patent Law Association as amicus curiae. On the brief were Frank L. Neuhauser, John F. Witherspoon, Robert E. LeBlanc, William L. Mathis, and Henry Shur.

PER CURIAM.

The judgments are affirmed by an equally divided Court.

MR. JUSTICE BLACK, with whom MR. JUSTICE DOUGLAS joins, dissenting.

In this case respondents sued petitioner for payments alleged to be due under a patent-licensing agreement. At trial and on appeal petitioner defended primarily on the ground that its product did not involve any use of the respondent's patent. Petitioner did not at any time attack the validity of the patent itself...

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