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257
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and results as the association of inaniifacturcrs and dealers in tiles eonibined tiieni in Moiifuf/tfc d' ('(K V. LoH'r// (VJ:\ [\ S., :]H), which eoMihination was c(Mideinned hy tliis eoui't as ofVendini; the Sliernian law. Tlio added element oi* t he patent in the ease at bar can not confer inmumity from a like cond(Mnnati()n, fiu* tlie reasons we have stated. And this we say witliout entering into the consideration of the distinction of rights for ^vI^c]l tlie (io\'ermnent eonteiids between a ])atented articU' and a patented tool used in the mannfactnre of an unpatented article. Rigiits confernnl by patents are ind(^ed very ' definite and extensive, but they do not give any more than other rights an universal license against positive prohibitions. The Sherman law is a limitation of rights, rights which may be pushed to (wil consequences and therefore restrained.
Mr. Justice IMcKenna stated that the court had had occasion in a number of cases to declare its principle, and continued:
(49) The others it is not necessary to review or to quote from except to say that in the very latest of them the comprehensive and thorough character of the law is demonstrated and its sufficiency to prevent evasions of its policy ^*by resort to any disguise or subterfuge of form," or the escape of its prohibitions ^^by any indirection." (United States V. American Tobacco Co., 221 U. S., 106, 181.) Nor can they be evaded by good
64717—14 IS