Spevack v. Strauss, 359 U.S. 115 (1959)

U.S. Supreme Court

Spevack v. Strauss, 359 U.S. 115 (1959) Spevack v. Strauss

No. 339

Argued March 5, 1959

Decided March 23, 1959

359 U.S. 115

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

It appearing upon oral argument that, in the normal course, the fee for petitioner's United States patent must be paid by May 25, 1959, and that the patent will issue shortly after payment of the fee, the case is remanded to the District Court with instructions.

Reported below: 103 U.S.App.D.C. 204, 257 F.2d 208.

PER CURIAM.

Upon oral argument, it appeared that, in the normal course, the fee for petitioner's United States patent must be paid by May 25, 1959, and that the patent will issue shortly after payment of the fee. Accordingly, the case is remanded to the District Court and that court is instructed: (1) If petitioner has, by May 25, 1959, paid the patent fee for his patent, and has not requested a suspension or delay in the issuance thereof, or has withdrawn any such request theretofore made, to continue the

Page 359 U. S. 116

case and the restraining orders entered herein by THE CHIEF JUSTICE until the patent issues, and then to dismiss the complaint as moot; (2) otherwise, on May 25, 1959, to dismiss the complaint on the ground that, apart from the merits of the controversy, the grant of the extraordinary equitable relief of an injunction at that stage of the proceedings would not be warranted. Upon the fulfillment of either of these conditions, the proceedings heretofore had in the two lower courts are vacated.