Brief for the United States (1914)

Record Details:

Title:
Brief for the United States
Date:
1914
Publisher:
Washington, D.C. : United States. Government Printing Office. Office of the Public Printer
Volume:
Brief for the United States
Leaf #:
000268
Language:
English
Collection:
Government & Law and Books
Format:
Books
Contributor:
Media History Digital Library
Sponsor:
{"Media History Digital Library","Richard Koszarski",Domitor}
Coordinator:
Media History Digital Library
Description:
Date Added:
June 06, 2024
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256 PART xni. put in the form of licenses of it to at once accomplish and palliate evasions of the law. The fact being in controversy, we place our consideration and decision on other elements. In other words, we will consider the case from the standpoint of defendants' view of the situation, with comments as we proceed as to what they did to meet it and how far what they did accorded with or transgressed the law. ^ * 4t * * (48) The agreements clearly, therefore, transcended what was necessary to protect the use of the patent or the monopoly which the law conferred upon it. They passed to the purpose and accomplished a restraint of trade condemned by the Sherman law. It had, therefore, a purpose and accomplished a result not shown in the Bement case. There was a contention in that case that the contract of the National Harrow Co. with Bement & Sons was part of a contract and combination with many other companies and constituted a violation of the Sherman law, but the fact was not established and the case was treated as one between the particular parties, the one granting and the other receiving a right to use a patented article with conditions suitable to protect such use and secure its benetits. And there is nothing in Henry v. A. B. Dick Co, (224 U. S., 1) which contravenes the views herein expressed. The agreements in the case at bar combined the manufacturers and jobbers of en