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

Record Details:

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73 our main brief, p. 287). How in reason can it be said that the copyrighted article is also a patented article ? As to the decree. We respectfully submit that the decree should grant relief along the lines prayed in the petition. If the full relief prayed for in the petition be granted, this will not prevent the lawful owners of the patents from issuing normal and legal licenses to use the patents. The decree in the socalled Bathtub Trust case was similar to that prayed for here in respect to the license agreements. There was inserted in that decree a saving provision respecting the patents which can be incorporated in the decree in this case. That clause of the decree read as follows : That this decree shall not be construed to prevent whoever may be the owner or owners of the Arrott patent and other dredger patents relating to the manufacture of sanitary enameled ironware from granting lawful licenses to any of the defendants or others to use such patents or to prevent the defendants or others from taking lawful licenses to use any of such patents. The Bathtub Trust case also decreed : The defendants in the manner set forth in the petition have entered into and are engaged in a combination in restraint of trade and commerce among the several States in sanitarv enameled ironware and