Heyer v. Duplicator Manufacturing Co.
Headline: Reversed lower court decree; lets owners replace cheap, consumable gelatin bands from other sellers without infringement, limiting a patent holder’s control over routine replacement parts in copying machines.
Holding: The Court held that owners of the patented copying machines may replace worn, inexpensive gelatin bands from any source, so selling such replacement bands for use in the machines is not patent infringement.
- Allows owners to buy replacement bands from other sellers without infringement.
- Protects sellers of ordinary, consumable replacement parts from liability.
- Limits a patent owner’s control over routine repair items.
Summary
Background
A company that owned a patent for an improved multiple copying machine sued a seller who made and sold gelatin duplicating bands sized to fit that machine. The bands carry an image to be copied and yield about a hundred copies before wearing out. The dispute turned on whether a buyer of the machine may replace those worn bands from any supplier, or whether the patent owner can prevent such replacements by controlling who sells the bands.
Reasoning
The Court assumed the patent claim covering the band in the machine was valid and then asked what a reasonable bargain means for machine owners. Relying on earlier decisions, the Court explained that an owner who buys a machine may keep it in use by repairing or replacing worn parts without the seller’s further consent. The gelatin bands are inexpensive, consumable, and must be replaced repeatedly while the machine endures. The Court found these facts make replacement bands an ordinary repair item and held that selling such bands for use in the machines does not, on these facts, amount to wrongful infringement. The decree for the patentee was reversed.
Real world impact
Machine owners are free to maintain and use their costly machines by buying replacement gelatin bands from other suppliers. Sellers of ordinary replacement bands are less likely to be liable for infringement under these circumstances. The Court declined to order changes about the spools, noting evidence showed only the patentee’s spools were used after a certain date, and limited any recovery period as the lower court had conditioned.
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