Joseph McKenna

“ The first contention, the court said, raised the question whether, when a machine is designed to manufacture, distribute, or serve out to users a certain article, the article so dealt with can be said to be a part of the combination of which the machine itself is another part. ”

“ The answer of petitioner referred to the record in No. 80, and in this court it is stipulated that the record shall be used as part of the record in the pending cases, and certain of the defenses there made are repeated here. For instance, it is contended, and the record in No. 80 is adduced to support the contention, that (1) the patent in suit having expired before the suit was begun, the circuit court was without jurisdiction to entertain the suit; (2) claims in suit being for the functions of a machine are void. ”

“ The facts of the case exclude petitioner from the situation which is the foundation of the contention. The injunction did not forbid the use of the records, except in violation of claims 5 and 35 of respondent's patent. The judgment for contempt was based upon the facts which we have detailed, and they show a sale of the records for use in the Victor machine,-"an entirely voluntary and intentional" (to use the language of Judge Lacombe) contributory infringement. ”

“ To bring this principle in clear relief it is said that "the majority of the circuit court of appeals has held that such replacement of a single unpatented element of the combination is reconstruction, and not within the rights of the purchaser of the patented combination from the patentee." ”

“ For these principles Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co. 152U.S. 425, 38 L. ed. 500, 14 Sup.Ct.Rep. 627; Wilson v. Simpson, 9 How. 109, 13 L. ed. 66; Goodyear Shoe Machinery Co. v. ”