Kessler v. Eldred, 206 U.S. 285 (1907). · Go Syfert
Kessler v. Eldred, 206 U.S. 285 (1907). Cases Citing This Book View Copy Cite
589 citation events (150 in the last 25 years) across 61 distinct courts.
Strongest positive: In Re PERSONALWEB TECHNOLOGIES LLC (cafc, 2023-11-03)
Treatment trajectory · 1907 → 2026 · click a year to view as-of
1907 1966 2026
Top citers, strongest first. 33 distinct citers.
discussed Cited as authority (rule) ksd 2026
D. Kan. · 2026 · confidence medium
Dated: March 17, 2026 S/ Julie A. Robinson JULIE A. ROBINSON UNITED STATES DISTRICT JUDGE 132 Id. (“Kessler ’s rationale is that the accused activity, held in the earlier case not to infringe the patent, acquires a limited trade right to continue being practiced ‘without molestation’ by the patentee or its privies.”) (citing Kessler v. Eldred, 206 U.S. 285, 285 (1907)).
cited Cited as authority (rule) In Re PERSONALWEB TECHNOLOGIES LLC
Fed. Cir. · 2023 · confidence medium
Kessler v. Eldred, 206 U.S. 285, 288 (1907).
discussed Cited as authority (rule) CFL Technologies LLC v. General Electric Company
D. Del. · 2021 · confidence medium
DISCUSSION A. The Kessler Doctrine The Supreme Court created the Kessler doctrine in recognition that, in prevailing against an earlier suit for patent infringement, a manufacturer received a right “to continue the business of manufacturing and selling throughout the United States the same [product] he had theretofore been manufacturing and selling, without molestation by [the patentee], through [its] patent.” Kessler v. Eldred, 206 U.S. 285, 287 (1907).
discussed Cited as authority (rule) Amazon.com, Inc. v. Personal Web Technologies, LLC
N.D. Cal. · 2020 · confidence medium
The Court held that claim preclusion barred PersonalWeb’s claims of infringement 17 relating to S3 occurring prior to the final judgment in the Texas Action, and that the Kessler doctrine, 18 first adopted by the Supreme Court in Kessler v. Eldred, 206 U.S. 285, 27 (1907), barred 19 PersonalWeb’s claims of infringement relating to S3 after the final judgment in the Texas action. 20 Id.
examined Cited as authority (rule) Trustees of Boston University v. Kingbright Electric Co., Ltd. (3×) also: Cited "see"
D. Mass. · 2019 · confidence medium
The doctrine originated in the Supreme Court's decision in Kessler v. Eldred, 206 U.S. 285, 288 (1907), which explained that the judgment in the first case “settled finally and everywhere . . . that Kessler had the right to manufacture, use and sell” the product in question.
discussed Cited as authority (rule) Marshall v. Bryant Electric Co. (2×)
1st Cir. · 1911 · confidence medium
Ed. 476 , and Kessler v. Eldred, 206 U. S. 285 , 27 Sup. Ct. 611, 51 L.
discussed Cited as authority (rule) Rubber Tire Wheel Co. v. Goodyear Tire & Rubber Co. (2×)
6th Cir. · 1910 · confidence medium
They place stress upon the following language of Mr. Justice Moody, who announced the opinion of the court ( 206 U. S. 288 , 27 Sup. Ct. 612, 51 L.
cited Cited "see" Indect USA Corp. v. Park Assist, LLC
Fed. Cir. · 2026 · signal: see · confidence high
See Kessler v. Eldred, 206 U.S. 285 (1907).
cited Cited "see" caed 2025
E.D. Cal. · 2025 · signal: see · confidence high
See generally Kessler v. Eldred, 8 206 U.S. 285, 289 (1907); MGA, Inc. v. General Motors Corp., 827 F.2d 729, 734 (Fed.
cited Cited "see" caed 2025
E.D. Cal. · 2025 · signal: see · confidence high
See generally Kessler v. Eldred, 8 206 U.S. 285, 289 (1907); MGA, Inc. v. General Motors Corp., 827 F.2d 729, 734 (Fed.
cited Cited "see" caed 2025
E.D. Cal. · 2025 · signal: see · confidence high
See generally Kessler v. Eldred, 8 206 U.S. 285, 289 (1907); MGA, Inc. v. General Motors Corp., 827 F.2d 729, 734 (Fed.
cited Cited "see" Wisconsin Alumni Research Foundation v. Apple Inc.
Fed. Cir. · 2024 · signal: see · confidence high
See Kessler v. Eldred, 206 U.S. 285 (1907).
cited Cited "see" Wisconsin Alumni Research Foundation v. Apple Inc.
Fed. Cir. · 2024 · signal: see · confidence high
See Kessler v. Eldred, 206 U.S. 285 (1907).
cited Cited "see" Provisur Technologies, Inc. v. Weber, Inc.
W.D. Mo. · 2022 · signal: see · confidence high
See Kessler v. Eldred, 206 U.S. 285 (1907).
examined Cited "see" Intel Corporation v. Tela Innovations, Inc. (4×) also: Cited "see, e.g."
N.D. Cal. · 2021 · signal: see · confidence high
See Kessler, 206 U.S. at 288–89.
discussed Cited "see" In Re PERSONALWEB TECHNOLOGIES LLC (2×)
Fed. Cir. · 2020 · signal: accord · confidence high
Accord- ingly, the Court concluded that, setting aside “any rights which Kessler’s customers have or may have, it is Kessler’s right that those customers should, in respect of the articles before the court in the previous judgment, be let alone by Eldred, and it is Eldred’s duty to let them alone.” Id. at 289 .
cited Cited "see" Huang v. Huawei Technologies Co., Ltd.
Fed. Cir. · 2019 · signal: see · confidence high
See Brain Life, 746 F.3d at 1056–57 (citing Kessler, 206 U.S. at 285–89).
examined Cited "see" Mentor Graphics Corporation v. Eve-Usa, Inc. (3×)
Fed. Cir. · 2017 · signal: see · confidence high
See Kessler v. Eldred, 206 U.S. 285 , 27 S.Ct. 611 , 51 L.Ed. 1065 (1907).
discussed Cited "see" Speedtrack, Inc. v. Office Depot, Inc. (2×)
Fed. Cir. · 2015 · signal: see · confidence high
See id. at 286-87 , 27 S.Ct. 611 .
examined Cited "see" Brain Life, LLC v. Elekta Inc. (8×)
Fed. Cir. · 2014 · signal: see · confidence high
See id. at 285-86 , 27 S.Ct. 611 .
discussed Cited "see" Technology Licensing Corp. v. Thomson, Inc. (2×)
E.D. Cal. · 2010 · signal: see · confidence high
See Kessler, 206 U.S. at 288-289 , 27 S.Ct. 611 .
examined Cited "see" Ostow & Jacobs, Inc. v. Morgan-Jones, Inc. (3×)
S.D.N.Y. · 1960 · signal: see · confidence high
See Kessler v. Eldred, 1907, 206 U.S. 285 , 27 S.Ct. 611 , 51 L.Ed. 1065 .
examined Cited "see" Kingsley International Pictures Corp. v. City of Providence, Rhode Island (3×)
D.R.I. · 1958 · signal: see · confidence high
See Kessler v. Eldred, 1907, 206 U.S. 285 , 27 S.Ct. 611 , 51 L.Ed. 1065 , where it was held that a court of equity could restrain a defeated plaintiff in an infringement suit from interfering with the business of the successful defendant by threatening to bring infringement suits against his customers.
examined Cited "see" Vermont Structural Slate Co. v. Tatko Bros. Slate Co. (3×)
N.D.N.Y. · 1956 · signal: see · confidence high
See Kessler v. Eldred, 206 U.S. 285 , 27 S.Ct. 611 , 51 L.Ed. 1065 ; Kerotest Manufacturing Co. v. C-O-Two Fire Equipment Co., 342 U.S. 180, 185 , 72 S.Ct. 219 , 96 L.Ed. 200 .
examined Cited "see" Hook v. Hook & Ackerman, Inc. (3×)
W.D. Pa. · 1952 · signal: see · confidence high
See Kessler v. Eldred, 206 U.S. 285 , 27 S.Ct. 611 , 51 L.Ed. 1065 ; Triangle Conduit & Cable Co. v. National Electric Products Corp., supra.” Finally, plaintiffs argue that the recent decision of the Supreme Court of the United States in Kerotest Manufacturing Co. v. C-O-Two Fire Equipment Company, 342 U.S. 180 , 72 S.Ct. 219, 222 , supports their position.
examined Cited "see" Cresta Blanca Wine Co. v. Eastern Wine Corporation (3×)
2d Cir. · 1944 · signal: see · confidence high
See Kessler v. Eldred, 206 U.S. 285 , 27 S.Ct. 611 , 51 L.Ed. 1065 ; Triangle C. & C.
examined Cited "see" Caterpillar Tractor Co. v. International Harvester Co. (3×)
D.N.J. · 1940 · signal: see · confidence high
See Kessler v. Eldred, 206 U.S. 285 , 27 S.Ct. 611 , 51 L.Ed. 1065 ; General Chemical Co. v. Standard, etc., Acid Works, 4 Cir., 101 F.2d 178 .
examined Cited "see, e.g." Finjan, Inc. v. Blue Coat Systems, LLC (3×)
N.D. Cal. · 2017 · signal: see also · confidence low
Under the Kessler doctrine, parties may be precluded from filing suit against a product that has been found not to infringe a patent; this allows the non-infringer to avoid “repeated harassment for continuing its business as usual.” Id.; see also Kessler v. Eldred, 206 U.S. 285 , 27 S.Ct. 611 , 51 L.Ed. 1065 (1907).
examined Cited "see, e.g." SCA Hygiene Products Aktiebolag SCA Personal Care, Inc. v. First Quality Baby Products, LLC (4×)
Fed. Cir. · 2015 · signal: see, e.g. · confidence low
See, e.g., Kessler v. Eldred, 206 U.S. 285 (1907).
examined Cited "see, e.g." H. C. Baxter & Bro. v. Great Atlantic & Pacific Tea Co. (3×)
D. Me. · 1964 · signal: compare · confidence low
Compare Kessler v. Eldred, 206 U.S. 285 , 27 S.Ct. 611 , 51 L.Ed. 1065 (1907) and Plymouth Rubber Co. v. Minnesota Mining & Mfg.
discussed Cited "see, e.g." Beacon Theatres, Inc. v. Westover (2×)
SCOTUS · 1959 · signal: compare · confidence low
Compare Kessler v. Eldred, 206 U. S. 285 ; International News Serv. v. Associated Press, 248 U. S. 215, 236 ; Truax v. Raich, 239 U. S. 33, 38 . [3] Rule 42 (b) provides: "(b) Separate Trials.
examined Cited "see, e.g." William Gart v. Albert M. Cole (3×)
2d Cir. · 1959 · signal: see also · confidence low
See also Kessler v. Eldred, 206 U.S. 285 , 27 S.Ct. 611 , 51 L.Ed. 1065 .
examined Cited "see, e.g." Gart v. Cole (3×)
2d Cir. · 1959 · signal: see also · confidence low
See also Kessler v. Eldred, 206 U.S. 285 , 27 S.Ct. 611 , 51 L.Ed. 1065 .
Kessler
v.
Eldred
196.
Supreme Court of the United States.
May 13, 1907.
206 U.S. 285
Mr. Robert S. Taylor and Mr.' Elwin M. Hulse for Kessler., Mr. Charles C. Lintlvicum and Mr. Louis K. Gillson for Eldred.
Moody, After Making the Foregoing Statement.
Cited by 187 opinions  |  Published
Mr. Justice Moody,

after making the foregoing statement, delivered the opinion of the court.

The industry of counsel has not discovered any decision on the exact questions presented by the certificate, and they agree that those questions are not settled by controlling authority. The decision of the case turns upon the effect of the judgment in- the suit which Eldred brought against Kessler. Both manufactured and sold- electric cigar lighters. Eldred, being[*288] the owner of a patent issued to one Chambers for an electric lamp lighter, brought a suit against Kessler, in .which it was alleged by the plaintiff and denied by the defendant that the cigar lighters manufactured by Kessler infringed each and all of the claims of the Chambers patent. On the issue thus joined there was final judgment for Kessler. This judgment, whether it proceeds upon good reasons or . upon bad reasons, .whether it was right or wrong, settled finally and everywhere, and so far as Eldred, by virtue of his ownership of the Chambers patent, was concerned, that Kessler had the right to manufacture, use and sell the electric cigar- lighter before the court. The court, having before it the respective''rights and duties on the matter in question of the parties to the litigation, conclusively decreed the right of Kessler to manufacture and sell his manufactures free from all interference from Eldred by virtue of the Chambers patent, and the corresponding duty of Eldred to recognize and yield to that right everywhere and always. After this conclusive determination of the respective rights and duties of the parties, Eldred filed a bill for an infringement of the same patent against Breitwieser, on account of his use of the same kind of Kessler cigar lighter which had been passed on in the- previous case, and Kessler has assumed the defense of that suit. Whether the judgment between Kessler and Eldred is a bar to the suit of Eldred v. Breitwieser, either because Breitwieser was a privy to the original judgment, or because the articles themselves were by that judgment freed from the control of that patent, we deem it unnecessary to inquire. We need not stop to consider whether the judgment in the case of Eldred v. Kessler had any other effect than to fix unalterably the rights and duties of the immediate parties, to it, for the reason that only the rights and duties of those parties are necessarily in question here. It may be that the judgment in Kessler v. Eldred will not afford Breitwieser, a customer of Kessler, a defense to Eldred’s suit against him. Upon that question we express no opinion. Neither it nor the case in which it is raised are before us. But the question here[*289] is whether, by bringing a'suit against one of Kessler’s customers, Éldred has violated the right of Kessler. The effect which 'may reasonably be anticipated of harassing the purchasers of Kessler’s manufactures by claims for damages on account of thé use of them, would be to diminish Kessler’s opportunities for sale. No one wishes to buy anything, if with-it he must buy a law suit. That the effect to be anticipated was the actual effect of the Breitwieser suit is shown by the statement of facts. Kessler’s customers ceased to send orders for lighters, and even refused to pay for those which had already been delivered. Any action which has such results is manifestly in violation of the obligation of Eldred, and the' corresponding tight of Kessler, established by the judgment. Leaving entirely out; of view any rights which Kessler’s customers have or may have, it is Kessler’s right that those customers should, in respect of the articles before the court in the previous judgment, be let. alone by Eldred, and it is Eldred’s duty to let them alone. The judgment-in the- previous case fails of the full effect which the law attaches to it if this is not so. If rights between litigants are once established by the final judgment of a court of competent jurisdiction those rights must be recognized in every way, and wherever the judgment is entitled to respect, by those who are bound by it. Haying then by virtue of the judgment the right to sell his wares freely without hindrance from Eldred, must Kessler stand by and see that right violated, and then bring an action at law for the resulting damage, or may he prevent the infliction of the unlawful injury by proceedings in personam in equity? ' If Eldred succeeds in his suit against one of Kessler’s customers, he will naturally bring suits . against others. He may bring suits against others,- whether, he’succeeds in one suit or ' not. There may be and there is likely to be a multiplicity of suits. It- is certain that such suits if unsuccessful would at the same time tend to diminish Kessler’s sales and to impose upon him the expense of defending many suits in order to maintain' the right which by a judgment has already been declared to exist. If the suits are[*290] successful the result win be practically to destroy Kessler’s judgment right. Moreover, though the impairment or destruction of Kessler’s right would certainly' follow from the course of conduct which Eldred has begun, it would be difficult to prove in an action at law the extent of the damage inflicted. An action at law would be entirely inadequate to protect fully Kessler’s unquestioned right, and under these circumstances, though there' may be no exact precedent, we think that the jurisdiction in equity exists.- Nor do we see any. good reason why Kessler’s interposition for the-defense, in the suit of Eldred v. Breitwieser debars, him from his remedy in equity.

It follows from the foregoing reasoning that the first and second questions certified should be answered in the' affirmative, and the third and fourth in the negative, and

It is so ordered.