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

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64 The court also quoted from the Circuit Court of Appeals for the Third Circuit in the National Harrow case, where it was said : The fact that the property involved is covered by letters patent is urged as a justification; but we do not see how any importance can be attributed to this fact. (3) Robert H. Ingersoll & Bro. v. McColl, 204 Fed., 147: District Judge Willard, of Minnesota, held that where a license restriction was imposed by the owner of a patent not for purposes of protecting the patent or for securing its benefits, but for the purpose of evading the antitrust act, it was void. The restriction under consideration in the case was a price restriction. The opinion considers numerous cases. After citing the BobbsMerrill, Dr. Miles Medical, Bement, Dick and Bath Tub Trust cases, the court said : From these authorities the rule to be deduced is this: If the license restriction is imposed, not for the purpose of protecting the patent or for securing its benefits, but for the purpose of evading the provisions of the antitrust act, then it is void, because such restriction is not * ' a reasonable condition imposed upon the licensee of a patent by the owner thereof," nor is it " a condition suitable to protect the use of a patent and secure its benefits." (153:) The right of a patentee to do what he may please to do with the patented article is not unrestricted. It is limited in