Deepsouth Packing Co. v. Laitram Corp.
Supreme Court of the United States
Deepsouth Packing Co., Inc. v. Laitram Corp.
Certiorari to the United States Court of Appeals for the Fifth Circuit
No. 71-315. Argued: April 11, 1972. --- Decided: May 30, 1972.
Petitioner is not foreclosed by 35 U.S.C. § 271 (a), which proscribes the unauthorized making of any patented invention within the United States, from making the parts of shrimp deveining machines (for which respondent was adjudged to have valid combination patents) to sell to foreign buyers for assembly by the buyers for use abroad. The word "makes" as used in § 271 (a) does not extend to the manufacture of the constituent parts of a combination machine, and the unassembled export of the elements of an invention does not infringe the patent. Radio Corp. of America v. Andrea, 79 F. 2d 626. Pp. 519-532.
443 F. 2d 936, reversed and remanded.
WHITE, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, STEWART, and MARSHALL, JJ., joined. BLACKMUN, J., filed a dissenting opinion, in which BURGER, C. J., and POWELL and REHNQUIST, JJ., joined, post, p. 532.
Harold J. Birch argued the cause for petitioner. With him on the briefs were C. Emmett Pugh and William W. Beckett.
Guy W. Shoup argued the cause and filed a brief for respondent.
Edward S. Irons and Mary Helen Sears filed a brief as amici curiae urging reversal.