Forfeiture of Patent Rights on Conviction Under Laws Prohibiting Monopoly: Hearings Before the Committee on Patents, United States Senate, Seventieth Congress, First Session, on S. 2783, a Bill to Provide for the Forfeiture of Patent Rights in Case of Conviction Under Laws Prohibiting Monopoly, Parts 1-3 |
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Admiral Bullard Alexanderson Alexanderson alternator American Marconi American Telephone antitrust laws appeal ARMSTRONG bill British Marconi broadcasting cent CHAIRMAN circuit claim Clayton Act combination commercial Committee on Patents competition Congress contract Corporation of America DAVIS decision defendant devices Electric & Manufacturing exclusive right February 9 Federal Trade Commission filament Forest Radio Government granted hearings incandescent lamp infringement invention inventors jobbers Judge Morris Langmuir license agreements licensor Lieutenant Colonel MCMULLEN litigation machine matter ment monopoly National Broadcasting Co owner patent law Patent Office patent rights patent system patented article QUINN Radio Corporation radio industry radio sets Radio Trust receiving sets REICHMANN restraint of trade Schloemilch SCHUETTE sell Senator DILL interposing Senator SHIPSTEAD Senator SMITH Senator WATERMAN SHERLEY Sherman Sherman Act sold statement stations suit Supreme Court Telephone & Telegraph thing tion tuned tungsten United vacuum tube violation Westinghouse Electric wireless
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Page 88 - ... in the course of transportation from one State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure and condemnation of property imported into the United States contrary to law.
Page 80 - States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies or other commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement or understanding may be to substantially lessen competition or tend to create a monopoly in...
Page 80 - That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies or other commodities, whether patented or unpatented, for use, consumption or resale...
Page 76 - But that statute clearly does not refer to that kind of a restraint of interstate commerce which may arise from reasonable and legal conditions imposed upon the assignee or licensee of a patent by the owner thereof, restricting the terms upon which the article may be used and the price to be demanded therefor. Such a construction of the act we have no doubt was never contemplated by its framers.
Page 73 - If one is employed to devise or perfect an instrument, or a means for accomplishing a prescribed result, he cannot, after successfully accomplishing the work for which he was employed, plead title thereto as against his employer. That which he has been employed and paid to accomplish becomes, when accomplished, the property of his employer.
Page 133 - Notwithstanding these exceptions, the general rule Is absolute freedom In the use or sale of rights under the patent laws of the United States. The very object of these laws Is monopoly...
Page 76 - The provision in regard to the price at which the licensee would sell the article manufactured under the license was also an appropriate and reasonable condition. It tended to keep up the price of the implements manufactured and sold, but that was only recognizing the nature of the property dealt in, and providing for its value so far as possible. This the parties were legally entitled to do. The owner of a patented article can, of course, charge such price as he may choose, and the owner of a patent...
Page 133 - It is * the reward stipulated for the advantages [ * 242 ] derived by the public for the exertions of the individual, and is intended as a stimulus to those exertions. The laws which are passed to give effect to this purpose ought, we think, to be construed...
Page 26 - That the leases .were attacked under the former bill as violative of the Sherman Act is true, but they were sustained as valid and binding agreements within the rights of holders of patents. The Clayton Act specifically applies to goods, wares, machinery, etc., whether "patented or unpatented.
Page 77 - Of course, there is restraint in a patent. Its strength is in the restraint, the right to exclude others from the use of the invention, absolutely or on the terms the patentee chooses to impose. This strength is the compensation which the law grants for the exercise of invention. Its exertion within the field covered by the patent law is not an offense against the Anti-Trust Act.