William O. Douglas

“ The result is that suppression of patents has become commonplace. Patents are multiplied to protect an economic barony or empire, not to put new discoveries to use for the common good. [1] 'It is common practice to make an invention and to secure a patent to block off a competitior's progress. By studying his ware and developing an improvement upon it, a concern may 'fence in' its rival; by a series of such moves, it may pin the trade enemy within a technology which rapidly becomes obsolete. As often as not such maneuvers retard, rather than promote, the progress of the useful arts. ”

“ In that way the constitutional objective will be more nearly realized-the product of he inventive genius of the human mind will be put to work in the economy.
Mr. Justice RUTLEDGE, dissenting.
I would affirm the judgment. But I do not reach the interesting and important questions debated by the Court's opinion and my dissenting brethren. They are of such a character that, in my opinion, they should not be determined in the absence of a record presenting facts and issues making this necessary. ”