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l)y t lie ow ner of .M p.'ilciil ;i tool iisc(l in i he m;iiiiifactiirc of tlic wniT who lind issued licenses iindeithe ])at('iit to the in;inn t'.iei n rei's. They ass(M'ted also a ])iir])ose to iinproxc the (juality of the ware so hi. The court aeeept ini;", <tr<iu<'H(1<>, 1 he statement of deiViulauts of their iiulucement and intent, sustained the contentions of the ( Joveriunent. Mi-. Justice McKenna said :
(oO") The charge chadeni^-es considei'ation of the r(dation between that wliich the nianufaetur(4's eng-a^x^l to do and the protection of the exclusive riijjht attached to the invention. Upon such considerati(m liow far the licenses transcend such ria^ht and violate the Sherman Law we can then determine. And we shall kec^p in mind and apply the principle expressed in Bement v. National Harrow Co. (186 U. S., 70, 92), that the Sherman Law clearly does not refer to that kind of a restraint of interstate commerce which may arise from reasonable and legal conditions imposed upon the assignee or licensee of a patent b}" the owner thereof, restricting the terms upon which the aiticle may be used and the price to be demanded therefor. Such a construction of the act w^e have no doubt was never contemplated by its framers.''
In our inquiry we shall accept ariincudo the statement of defendants of their inducement and purpose. We say ''anjuoido " because the asserted inducement and purpose are denied l)y the Government, it c<uitending\ as we have seen, that the Arrott i)atent was but a ]n'etense, and that the agreements were