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Patent Law Keyed to Adelman
Gould v. Hellwarth
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Both Gould (Plaintiff) and Hellwarth (Defendant) applied for patents on a Q-switch for a laser. Plaintiff filed on April 6, 1959, and Hellwarth filed on August 1, 1961. However, Defendant claimed Plaintiff's patent was invalid under 35 U.S.C. § 112, which requires the application to provide sufficient instructions for a person skilled in the field to make a device that is operable. Plaintiff's application sufficiently described a Q-switch, but did not include instructions on how to make an operative laser. It was understood that lasers were theoretically possible because Masers, using microwaves instead of light waves, were well known. However, a working laser was not developed until 1960 at the earliest. The Board ordered a priority hearing and Defendant won. Plaintiff appealed.
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