He also believed that the case did not call for an exception to the usual rukes of " res judicata " : " We are now told that a misconstruction of the patent law by a licensor is so violent and flagrant a flouting of the public interest that a court of equity must hold its hand for the benefit of a defendant whenever he chooses to invoke that interest for his private benefit, though he has failed to make the defense in an earlier litigation and stands of record an infringer . " If a wrong against the public has been perpetrated, he said, let the Government sue.
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