Heyer, Doing Business as T.A. Heyer Duplicator Company v. Duplicator Manufacturing Company

Summary

The Supreme Court considered whether purchasers of patented duplicating machines could replace worn gelatine bands with bands obtained from another source. It held that the purchasers had the right to replace the bands, so the respondent could not establish patent infringement based on the petitioner’s sale of compatible replacement bands, and reversed the decree.

Holdings

1. Purchasers of the machines had the right to maintain them in use by replacing the exhausted gelatine bands, including by obtaining replacement bands from sources other than the patentee.
2. Heyer's sale of replacement gelatine bands and spools for use in the patented machines did not infringe the patent because purchasers were entitled to obtain and use replacement bands from any source.

Questions Presented

1. Whether purchasers of the patented copying machines had the right to replace exhausted gelatine duplicating bands with bands obtained from any source.
2. Whether a third party infringed the patent by making and selling replacement bands sized and mounted for use in the patented machines.

Disposition

reversed