United States of America v. Motion Picture Patents Company and others (1914)

Record Details:

Title:
United States of America v. Motion Picture Patents Company and others
Date:
1914
Publisher:
Washington, D.C. : United States. Government Printing Office
Volume:
United States of America v. Motion Picture Patents Company and others
Leaf #:
00030
Language:
English
Collection:
Government & Law and Books
Format:
Books
Contributor:
Media History Digital Library
Sponsor:
Media History Digital Library
Coordinator:
Media History Digital Library
Description:
Date Added:
December 21, 2023
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24 it controls the distribution. It distributes no product except that of the licensed manufacturers who own it. VI. The relation of the patent laws to the Sherman Act. Defendants assert that their commerce is outside the prohibitions of the Sherman Act. It would seem that the cases cited in our main brief, Part III, pages 13 to 29, furnish a complete answer to their contention in that regard. The owner of a patented article does not derive the right to sell the patented article from the patent laws. The right to sell is a common-law right that adheres to the ownership of any article. In this respect a patented article differs from no other article. The exercise of the right to sell or to distribute in commerce is not a right derived from the letters patent but is a natural right. Therefore this right to distribute in commerce is subject to the laws of the land when exercised in respect to patented articles in the same manner as it is subject to the laws of the land when it is exercised by anybody else in respect to any kind of property not patented. In Webber v. Virginia (103 U. S., 344, 347) Mr. Justice Field said : Congress never intended that the patent laws should displace the police powers of the States, meaning by that term those