Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation

This Court's holding in Triplett v. Lowell, 297 U.S. 638, that a determination of patent invalidity is not res judicata against the patentee in subsequent litigation against a different defendant overruled to the extent that it forecloses an estoppel plea by one facing a charge of infringement of a patent that has once been declared invalid, and in this infringement suit where because of Triplett petitioner did not plead estoppel and the patentee had no opportunity to challenge the appropriateness of such a plea the parties should be allowed to amend their pleadings and introduce evidence on the estoppel issue. Pp. 317-350.

422 F. 2d 769, vacated and remanded.

WHITE, J., delivered the opinion for a unanimous Court.

Robert H. Rines argued the cause for petitioner. With him on the brief were Richard S. Phillips, Paul J. Foley, and Nelson H. Shapiro.

William A. Marshall argued the cause for respondent University of Illinois Foundation. With him on the brief were Charles J. Merriam and ''Basil P. Mann. Sidney G. Faber argued the cause for respondent JFD Electronics Corp. With him on the brief were Jerome M. Berliner, Robert C. Faber, and Myron C. Cass''.

Assistant Attorney General McLaren argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Griswold, Assistant Attorney General Gray, Peter L. Strauss, Howard E. Shapiro, and Walter H. Fleischer.

Briefs of amici curiae were filed by Donald R. Dunner, James B. Gambrell, and W. Brown Morton, Jr., for the American Patent Law Association; by Theodore W. Anderson for the Automatic Electric Co.; by Harold F. McNenny, John F. Pearne, and Walther E. Wyss for the Finney Co.; and by Joseph B. Brennan and Richard D. Mason for the Kawneer Co., Inc.