Law Commons^™

Judicial Legislation-Patent Law-Has The Doctrine Of Contributory Infringement Been Repudiated?, John B. Waite

Michigan Law Review

When leaders quarrel the rank and file may flounder; and, in their recent decision of Mercoid Corp. v. Mid-Continent Investment Co., the justices of the Supreme Court have created confusion for lawyers. Four of the seven opinions clearly express intent to promulgate a new rule of law; two deny that intent; one is indefinite; and the purpose of the Court as a whole is left in doubt. Though the decision affects only the patent law, the process of decision concerns every lawyer.