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Patents - Misues Doctrine - Multiple Licenses With Price-Fixing Provisios As Shermen Act Violation, Herbert A. Bernhard S.Ed.
Patents - Misues Doctrine - Multiple Licenses With Price-Fixing Provisios As Shermen Act Violation, Herbert A. Bernhard S.Ed.
Michigan Law Review
In a suit for infringement of a moire process patent, relief was denied by the trial court partially on the ground that plaintiff had misused its patent by violating section 1 of the Sherman Act. Plaintiff had licensed two other moire finishers to use the patented process. Each license contained a proviso that plaintiff could specify the prices the licensee was to charge its customers for finishing cloth with the patented process. On appeal, held, affirmed. It is a violation of the antitrust laws for a patentee to issue more than one license containing price-fixing provisions. Newburgh Moire Co. …