Altvater v. Freeman
Altvater v. Freeman, 319 U.S. 359 (1943), was a decision by the Supreme Court of the United States which held that, although a licensee had maintained payments of royalties, a Declaratory Judgment Act claim of invalidity of the licensed patent still presented a justiciable case or controversy.
| Altvater v. Freeman | |
|---|---|
 | |
| Argued April 19, 1943 Decided May 24, 1943 | |
| Full case name | Altvater v. Freeman |
| Citations | 319 U.S. 359 (more) 63 S. Ct. 1115; 87 L. Ed. 1450; 1943 U.S. LEXIS 1252 |
| Case history | |
| Prior | 135 F.2d 212 (8th Cir. 1943) |
| Holding | |
| Although a licensee had maintained payments of royalties, a Declaratory Judgment Act claim of invalidity of the licensed patent still presented a justiciable case or controversy. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Douglas |
| Dissent | Frankfurter, joined by Roberts |
See also
Further reading
- Maines, Ruanne Neighbour (1949). "Declaratory Judgments: Patent Litigation: Justiciable Controversy". California Law Review. California Law Review, Vol. 37, No. 3. 37 (3): 506–510. doi:10.2307/3477809. JSTOR 3477809.
External links
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