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Lorenz v. Colgate-Palmolive-Peet Co.

United States Court of Appeals for the Third Circuit

167 F.2d 423 (1948)

Relevant factsFree

Lorenz (plaintiff) disclosed his soap-manufacturing process to Colgate chemist Ittner, who expressed disinterest, and Lorenz's own patent application was subsequently rejected and abandoned; years later, Ittner patented essentially the same process and Colgate (defendant) used it in its factories for two years before Lorenz discovered the patent, ultimately securing his own interfering patent through a later application and interference proceeding. The district court found Colgate's factory use constituted prior public use barring Lorenz's patent rights, and Lorenz appealed, arguing the bar shouldn't apply because the invention had been pirated.

IssueFree

Whether the public use bar may apply to defeat an inventor's patent rights even if the invention was obtained improperly or unethically by another and put into public use.

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