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Aro Manufacturing Co. v. Convertible Top Replacement Co.
''Aro Manufacturing Co. v. Convertible Top Replacement Co.'', 365 U.S. 336 (1961), is a United States Supreme Court case in which the Court redefined the U.S. patent law doctrine of repair and reconstruction. The decision is sometimes referred to as ''Aro I'' because several years later the Supreme Court readdressed the same issues in a second case in 1964 involving the same parties—''Aro II''.〔(''Aro Mfg. Co. v. Convertible Top Replacement Co.'' ), 377 U.S. 476 (1964).〕
== Background ==
The specific controversy in ''Aro'' concerned the replacement of a fabric top portion of an automobile convertible roof assembly. After some years, the tops became torn or discolored, often as a result of bird droppings,〔See (Convertible Top Care ) ("Should you get bird dropping on your top, remove them immediately. They are very acidic and can quickly damage tops.").〕 and owners wished to replace the cloth part without buying an entire new convertible top assembly.〔This point is illustrated by a colloquy that occurred during the oral argument between Justice Tom Clark, who later joined in the majority opinion, and counsel for the patentee, Elliot Pollack. Justice Clark said that he had given his son Ramsey Clark, then a student and subsequently U.S. Attorney General, his old 1949 Oldsmobile convertible, which had the patented top. Justice Clark had noticed that the cloth had become discolored or corroded, apparently by action of Washington's weather or birds, and although the product was still operative he was dissatisfied with its appearance and yet did not want to have to pay a second patent royalty to fix it. Pollack suggested that Justice Clark or his son could use a needle and thread to sew patches over the bad parts. Justice Clark said that he did not want to do that ("It would not be practical because the leak would come into the sewing the thread and also that it would cost so much to take the top off and -- and sew it, would () it cheaper for me to buy another top"), and Pollack felt he could offer no further suggestion. Justice Clark appeared dissatisfied with the answer. See (Oral Argument ); (Written Transcript Text ).〕 The patent〔(US patent 2,569,724 )〕 covered the combination of the cloth and a number of metal parts that remained serviceable. Aro was a company that engaged in the supply of replacement cloth tops that fit various car models. Because Aro declined to pay a royalty to the patentee, patent infringement litigation followed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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