As a community service, an educational series by the

IP and Business Law Offices of Howard L. Hoffenberg, Esq.

Copyright 2010 The IP and Business Law Offices of Howard L. Hoffenberg, Esq. All Rights Reserved.

Return to Index of Tour of US Supreme Court Patent Cases from 1961 to 1999

ARO MFG. CO. v. CONVERTIBLE TOP (Aro I), 365 U.S. 336 (February 27, 1961)

 

FACTS: A patent covered a combination of parts that make up a convertible top and not the fabric by itself. GM had a license to use the convertible tops. The patentee brought suit for contributory infringement against Aro who supplied replacement fabric to car owners.

HOLDINGS: (1) As sold by GM, the cars were noninfringing and the owners had a RIGHT TO REPAIR. (2) The question of allowable repairs vs. impermissible reconstruction turns on whether, viewed as a whole, the article has become spent and there is a second creation of the article. Mere replacement of individual unpatented parts, one at a time, whether of the same part repeatedly or different parts successively, is no more than a repair. (3) There is no essence of the invention and only the whole combination is protected. (4) There can be no contributory infringement without direct infringement and Aro could sell replacement parts.

Tour of US Supreme Court Patent Cases from 1961 to 1999

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A Fast and Easy Way to Learn the High Points of Patent Law and Related Anti-trust Law

Community Service and

Pro Bono

In addition to this education series, Mr. Hoffenberg gives of his time to benefit the community and contribute to the quality justice in the State of California. For many years, he served as a volunteer pro tem in the Municipal Court in traffic, landlord-tenant, small claims and short cause matters. Currently, Mr. Hoffenberg serves as a volunteer arbitrator for the Dispute Resolution Service in attorney-client fee disputes and as a quasi-volunteer mediator in the Court of Appeals.