Cary Manufacturing Co. v. Acme Flexible Clasp Co.

Background

The Acme Flexible Clasp Company sued the Cary Manufacturing Company over a patent for a staple fastener for wooden vessels, claiming Cary infringed letters patent No. 314,204 issued to W. O. Swett in 1885. A federal trial court upheld the patent and found infringement. The Second Circuit affirmed that decree. Acme then pursued contempt proceedings for violating the injunction, and the trial court imposed a $2,000 fine to be paid to the clerk, half to Acme and half to the United States. Cary sought further review in the Circuit Court of Appeals, which affirmed that contempt judgment.

Reasoning

The central question was whether the Supreme Court could review the case after the Circuit Court of Appeals had issued a final judgment. The Court explained that, under the 1891 judiciary act, judgments in patent cases and in certain criminal matters are final in the appellate court. Even though Cary argued the fine was criminal and raised constitutional concerns, the opinion made clear that a party who takes a case to the Circuit Court of Appeals cannot later bypass that court’s final judgment by coming to the Supreme Court. Because the appellate court’s decision was final, the Supreme Court held the writ of error could not be maintained and dismissed it.

Real world impact

The dismissal leaves the prior rulings in place: the validity and infringement finding and the $2,000 contempt fine. The decision underscores that parties in patent and related contempt disputes must follow the review routes set by the 1891 law; choosing the appellate court means accepting its final judgment. The ruling therefore limits opportunities to seek further Supreme Court review in similar cases.