Supreme Court of the United States
Aro Manufacturing Co., Inc. v. Convertible Top Replacement Co., Inc.
February 27, 1961365 U.S. 336
Summary
The Supreme Court reversed the Court of Appeals, holding that the replacement of the unpatented fabric in a patented convertible top is permissible repair, not reconstruction, so neither direct nor contributory infringement occurs. The decision rests on the principle that a combination patent does not confer a monopoly over unpatented components, and the Court’s holding is noted in the dissent and concurrences.
Holding
- Whether the replacement of an unpatented fabric component of a patented combination constitutes direct infringement (reconstruction) or permissible repair.. Replacement of an unpatented component of a combination patent, when that component is perishable and not separately patented, is permissible repair and does not constitute reconstruction or direct infringement.
Docket 21