B.B. Chemical Co. v. Ellis

B.B. Chemical Co. v. Ellis
Argued December 10, 1941
Decided January 5, 1942
Full case nameB.B. Chemical Co. v. Ellis
Citations314 U.S. 495 (more)
62 S. Ct. 406; 86 L. Ed. 367; 1942 U.S. LEXIS 1243; 52 U.S.P.Q. (BNA) 33
Case history
Prior32 F. Supp. 690 (D. Mass. 1940); 117 F.2d 829 (1st Cir. 1941)
Court membership
Chief Justice
Harlan F. Stone
Associate Justices
Owen Roberts · Hugo Black
Stanley F. Reed · Felix Frankfurter
William O. Douglas · Frank Murphy
James F. Byrnes · Robert H. Jackson
Case opinion
MajorityStone, joined by Black, Reed, Frankfurter, Douglas, Murphy, Byrnes, Jackson
Roberts took no part in the consideration or decision of the case.

B.B. Chemical Co. v. Ellis, 314 U.S. 495 (1942), is a United States Supreme Court decision involving the patent misuse doctrine and the extent of remedies a court should award after finding a misuse that the patentee alleges it has now discontinued. The Court ruled that to be able to enforce the patent against infringement the patentee must show that it has fully abandoned its unlawful practice and that the consequences of that practice have been fully dissipated. This was a companion case to Morton Salt Co. v. G.S. Suppiger Co. decided on the same day.