Anderson's Black Rock, Inc. v. Pavement Co. (901422128)
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Read for 1/31/11
Reading Notes
- Decided in 1969
- Respondent brought action against petitioner for infringement of patent "Means for Treating Bituminous Pavement"
- Blacktop is usually laid in strips connected by a cold joint
- Patent tried to fix the problems with this
- Infringement because it used a similar, although not identical, process to produce the same effect as the patent
- Use of radiant-heat burner dates back to 1905
- Softens asphalt without burning it
- Use of radiant-heat burner dates back to 1905
- The burner alone is not patentable due to prior art
- Placement alongside the bituminous paver is the central feature - prevents cold joint versus just patching limited areas
- District Court found the patent invalid, Court of Appeals reversed
- USSC reverse the CoA and find it invalid as well
- Question of whether the combination created a patentable item
- District Court said the combination was relevant to commercial success, not invention
- USSC says the combination was reasonable obvious
- No "new or different" function
Non-obvious standards
- Commercial success without invention does not make an object patentable
