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39 J. Pat. Off. Soc'y 214 (1957)
The Importation of Infringing Articles and a Patentee's Subsequent Remedies before the Tariff Commission

handle is hein.journals/jpatos39 and id is 240 raw text is: Journal of the Patent Office Society

The Importation of Infringing Articles and
a Patentee's Subsequent Remedies Before
the Tariff Commission *
By RICHARD R. WOLFE t
Actions Under This Statute Have Been Rare in Recent
Years
Your Committee has asked me to speak to you today
about actions under the Tariff Act to prevent the import
of unlicensed patented goods-largely, I suppose, because
I had the privilege of representing one of the parties in
the first action in which that statute was successfully in-
voked in nearly twenty years. The case in which I par-
ticipated is designated in the public reports as In re Von
Clemm, 229 F2d 441, 108 USPQ 371.
Because there was such a complete dearth of such
cases for so many years, this one has naturally proved
interesting.
Indeed, there was not a single member of the Tariff
Commission-when we appeared-who had ever heard
one of these cases. Nor was there any judge on the Court
of Customs and Patent Appeals-the court which heard
the appeal-who had ever decided one of these cases
before.
Earlier Cases
The statute in question-which is now Section 1337 in
Title 19 of the United States Code-was enacted by Con-
gress as Section 337 in the Tariff Act of 1930.
It was promptly invoked in a series of cases in the
early '30's, three of which went to the Court of Customs
and Patent Appeals:
Frischer & Co. v. Bakelite Corp.
39 F. 2d 247
In re Northern Pigment Co.
71 F. 2d 447
• Presented before the Milwaukee Patent Law Association, October 18,
1956.
t Member of the firm  of Carlson, Pitzner, Hubbard & Wolfe, Chicago, Ill.

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