Electric Storage Battery Co. v. Shimadzu
United States Supreme Court
307 U.S. 5 (1939)
Relevant factsFree
Genzo Shimadzu (plaintiff), a Japanese inventor, held three U.S. patents (issued 1922-1926) related to battery-component powder, and sued Electric Storage (defendant) for infringement; Electric Storage had been using the patented apparatus in the U.S. since 1921, before Shimadzu's patent applications were filed. At trial, Shimadzu proved he had actually invented the claimed subject matter as early as 1919 - but that invention occurred in Japan, not the United States.
IssueFree
Whether a foreign inventor may use his prior invention date in a foreign country to antedate an American party's prior use of the same invention within the United States.