Brief for the United States (1914)

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PART V. 77 tlic ])at('iits conveyed hy the dct'ciKhnits t<> tin I'.ilents (\). have e()Titril)ut('(l in no small decree to making' in()ti()n-])i('t urcs possible, those j)atents constitute only a few out oi' many in\'entions and discoveries, and monopoly of the art ean not be founded thereon. Here, again, the eont roxci sy between the })arties is largely one ot* law. A monopoly of an art may not lawfully be built uj)on a combination of patents with interlocking restrictions as to their use. This is particuhii'ly true when the patents so combined embody only a few of the discoveries whieh have made the motion-pictures possible. The defendants tiled a number of answers. The bulk of the answ^er of the Patents Co. (pp. 1-72) is adopted by each of the other defendants, who also filed 10 separate answers, in each of which one or more of the defendants joined. Practically all the allegations in the answers relate to the following principal contentions of the defendants : 1. That the commerce of defendants is outside the X3rohibitions of the Sherman Act ; that it is a lawful coimnerce in patents and patented articles, and is a commerce of such character that this respondent and all other defendants have a right to lawfully control and monopolize the same, and any part thereof, and thereby to lawfully exclude all others therefrom." (Ans. Pat. Co., fol. 299.) (See also Ans. l\xt. Co., fols. 356, 359-365, 303, 312-313.)