Washington Law Review


This casenote will discuss as background: (1) the judicial doctrines of contributory infringement and patent misuse as they developed before 1952; (2) section 271 of the Patent Act of 1952; and (3) the impact of this section on the contributory infringement/patent misuse doctrines in post-1952 Supreme Court cases. An analysis section will contrast the majority and minority interpretations of: (1) 35 U.S.C. §§ 271(c) and (d); (2) the legislative history of the Patent Act of 1952; and (3) post-1952 Supreme Court decisions as each impacts the result in Dawson. The final section will discuss patent policy considerations absent from the Supreme Court's analysis.

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