Display Mode
Dark
Dark
Light
Light
Theme Cover
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Search History
No search history
Copied to clipboard
StarredCase saved
Oh No!
Copied to clipboard
StarredCase saved
Oh No!
Media
Term
Opinion Writer
Direction
Field

Wollensak v. Reiher

1884 • 115 U.S. 96 • Waite Court
Wollensak v. Reiher was a United States Supreme Court case that dealt with the issue of whether a patentee could sue for infringement of a patent after the patent had expired. The plaintiff, Wollensak, had obtained a patent for a machine for making paper bags. After the patent expired, Reiher began making and selling a similar machine. Wollensak sued Reiher for patent infringement. The Supreme Court held that a patentee could not sue for infringement of a patent after the patent had expired....Open Case
Score:
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms
1 results found
Become a Sponsor
Support Us
Feedback: We can do better!

Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

Copied to clipboard
StarredCase saved
Oh No!
Chief Waite Court
Term: 1884
Docket: 1242
115 U.S. 96
5 S. Ct. 1137
29 L. Ed. 350
1885 U.S. LEXIS 1821
Argued: Apr 14, 1885

Wollensak v. Reiher

  • Pro
  • Pro
Go Pro!orto acess these features and extra content.

Opinion Summary
AI Abstract

Wollensak v. Reiher was a United States Supreme Court case that dealt with the issue of whether a patentee could sue for infringement of a patent after the patent had expired. The plaintiff, Wollensak, had obtained a patent for a machine for making paper bags. After the patent expired, Reiher began making and selling a similar machine. Wollensak sued Reiher for patent infringement. The Supreme Court held that a patentee could not sue for infringement of a patent after the patent had expired. The Court reasoned that the patentee had already received the benefit of the patent, which was the exclusive right to make, use, and sell the invention for the duration of the patent. Once the patent expired, the patentee no longer had any exclusive rights and could not sue for infringement. The Court also noted that allowing a patentee to sue for infringement after the patent had expired would be unfair to the infringer, who would be liable for damages even though the patentee had already received the benefit of the patent. In conclusion, the Supreme Court held that a patentee could not sue for infringement of a patent after the patent had expired. The Court reasoned that the patentee had already received the benefit of the patent and that allowing a patentee to sue for infringement after the patent had expired would be unfair to the infringer.

Dissent Summary
AI Abstract

In Wollensak v. Reiher, the United States Supreme Court was tasked with determining whether a patent for an invention of a machine used to make paper bags could be granted when it had been previously denied by the Patent Office. The majority opinion held that since there were prior patents issued for similar machines and because this particular invention did not have any new features or improvements over those already patented, no patent should be granted. Justice Field dissented from this decision arguing that although there may have been some similarities between the two inventions, they were still distinct enough to warrant granting a separate patent as long as all other requirements of novelty and utility were met. He argued that if inventors are discouraged from making minor changes in existing designs then progress would suffer greatly due to lack of innovation and creativity in developing new products or improving upon old ones.

Go Pro!orto acess these features and extra content.
Related Cases
AI Assist
Go Pro!orto acess these features and extra content.
PDF viewer is not available.
Oral Transcripts
Go Pro!orto acess these features and extra content.
Related Cases
Go Pro!orto acess these features and extra content.
Ask Etalia.ai
Go Pro!orto acess these features and extra content.
Audio of Oral Arguments
Free Trial!
Become a Sponsor

Support Us
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms