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Brief for the United States (1914)

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I'Aur III. i;{ wliicli it was (MUiccdcd would liaNc hccii within the |)r()liihiti(ms of tlic Slicriiia ii Act if applicable to coinnicrcc in imco])yri,L;lit (mI hooks. 'I'hc Slrtms case is on all fours wit li the ease at har. And linally, in I'Jastcrn IjK nthcr Dealers Assn. v. I ' nil < <l States (2;U V. S., (iOO), it was held that the systematic circulation anions the members of tlie associations of official reports calling the attention of the members to actions of specified wholesalers in selling direct to consumers tended to prevent members of the associations from dealing with the wholesalers named in the reports and to directly and unreasonably restrain trade by preventing trade with such wholesalers. 'In Part XIII of this brief, infra, wt review at considerable length each of the tw^elve cases decided by the Supreme Court since it enunciated the rule of reason in the Standard Oil and Tobacco Trust cases. Paet III. PATENTS AND PATENT EIGHTS CAN NOT BE MADE A COVER FOR VIOLATION OF THE SHERMAN ACT. The controversy in this case is disposed of by the decision of the Supreme Court in the so-called ''Bathtub Trust'' case (Standing Sanitary Mfg. Co, V. United States, 226 U. S., 20), decided November 18, 1912. That was a price-fixing trade agreement in the form of licenses under patents under which 16