Curtiss-Wright Corp. v. Link Aviation, Inc.

Curtiss-Wright Corp. v. Link Aviation, Inc.
182 F.Supp. 106
Bluebook cite
Curtiss-Wright Corp. v. Link Aviation, Inc., 182 F.Supp. 106 (N.D.N.Y. 1959).
((lex: 182 F.Supp. 106))
Item Type
Patent infringement action. The patents in question were directed to electrically-operated airplane trainers. One of the defenses to infringement that was raised was inoperability. The alleged infringer argued that the machine disclosed in the patents at issue was so deficient in its operation that it lacked utility under 35 U.S.C. § 101. The district court rejected this defense.

First, the court stated that “{u}sefulness as required by the statute as an element of patentability is a relative term. It implies practicability as distinguished from perfection. An inventor seldom if ever achieves the ultimate in his machine. This is especially true where the object is to imitate the behavior of an entirely different mechanism,” such as, for example, an airplane. Id. at 123. The court additionally noted that “{u}tility must be determined as of the date of invention. Present day requirements due to scientific advancement is not the test.” Id. Finally, the court noted that an invention may have utility even if it is not operable in all of its purported applications.

Thus, the court admitted that the invention in question had imperfections. However, the court cited affirmative evidence of the usefulness of the invention in some of its applications, and found that the invention did have utility under § 101.

Excerpts and Summaries

Thursday 02 of October, 2008 13:15:18 GMT
by Unknown
Thursday 02 of October, 2008 13:15:18 GMT
by Unknown

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