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 #:
00068
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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62 under the patent laws, and the nature of the right given him, by which he can put his competitor engaged in interstate commerce out of business. And if two or more persons, under whatever name or form or method, however subtly devised, agree to accomplish by unlawful means that which they could accomplish in the way provided by law, then such conduct, if directed against the business of the competitors and necessarily directly affecting it, is a conspiracy against trade, and if that trade is interstate trade, it is an offense under the Sherman antitrust act. (301:) The power of Congress to regulate interstate commerce is complete and supreme. It is lawful to go into the cashregister business. Anyone may, as a matter of right, go into the cash-register business and make his products the subject of interstate commerce, and may continue to do so until he is restrained by a court of equity upon the fact being established that he is an infringer; and even after the establishment of such fact he is amenable only to the court issuing the injunction or may be subject to the payment of damages or profits or both, but he is not figuratively an outlaw to be brought in dead or alive and his business confiscated by a patentee who is unwilling or afraid to pursue him by lawful methods and who would destroy his business, interstate though it is, by unlawful means.