Continental Paper Bag Co. V. Eastern Paper Bag Co.

FACTS

Eastern Paper Bag brought an action to prevent its competitor Continental Paper Bag from using its patent for a "self-opening" paper bag. Continental Paper Bag alleged that Eastern Paper Bag was not using its patent but simply trying to suppress Competition .

DECISION OF THE SUPREME COURT

The Supreme Court rejected this argument by Continental Paper Bag, holding that it was the essence of the patent to exclude others without question of motive.

References

Herbert Hovenkamp and Mark D. Janis, "Unilateral Refusals to License in the U.S.", Working Paper No. 303, Stanford Law School John M. Olin Program in Law and Economics, April 2005: {Link without Title}

EXTERNAL LINK

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Continental Paper Bag Co. V. Eastern Paper Bag Co.