The Sentinel=record., 1912-03-12
PATENTEE
DECISION
SUPREME COURT HANDS DOWN
OPINION OF FAR REACHING I'M
PoRTANcE TO LiTiGANTS.
Will Affect Every Antitrust Suit
Now Pending and Seems Like an
Epoch Making Ruie--Decislon
BY Bare Majority.

Washington, March 1.-THE su-
preme court today held that the own
er of patent has an Unrestricted
monopoly upon all articles used in It's
operation. max fix its price and pre-
scribe it's use and thereby laid down
a broad principle of doubtful applica-
tion to many of the governments inn
portant snti-trust suits now pending,
which involve questions of patent
rights.
The court stood four to three. Chief
Justice White, with whom dissented
Justices Lamar and Hughes, in
spirited opinion voiced his dread OF
the results of the courts work, ask
ing who could foretell the extent of
monopoly and wrongful restrictions
which would arise. AS construed by
the majority of the court the chief
justice declared the patent law could
reach out to include within a patent
every conceivable thing used in ey-
cry American household.
The chief justice said congress
should act to head off tuntold evils"
which would follow the courts con-
struction of the law and arraigned
the majority as having broken all
precedents. The court, in its history,
he said. had never failed to do its
duty to the whole people and to
stand as a protector of every house
hold.
Justice Lurton, who delivered the
majority opinion, was joined by JUS
tices McKenna, Holmes and Van De-
vanter.
Officials of the department of JUS
tice were not inclined to discuss the
decision or its application to anti
trust suits. Attorney General Wick
ersham and Solicitor General Leh-
mann heard it read and regarded it
as epoch-making. Neither made
statement.
In the last two years the depart
ment of justice in its prosecutions
based upon the Sherman law was en-
countered more and more the ques-
tion of the right of patentees. Some
officials of the department have pre-
dicted that the antitrust suits of the
future would be fought along those
lines. That question was involved in
the case against the electrical trust,
now settled In favor of the govern
ment, and some officials thing the
same question might be introduced IN
any antitrust suit against any indus
trial combination.
Because of the sweeping impor-
tance of the decision to the enforce
ment of the Sherman law 1t is not inn
probable a rehearing may be asked
to bring the question before fun
bench. Justice Day did not partici-
pate and the vacancy caused by the
death OF Justice Harlan has not been
filled. though Chancellor Pitney of
New Jersey has been nominated, but
not confirmed by the senate.
Foremost among the pending anti
trust suits which may be affected
are those against the United Shoe
Machinery company, the Keystone
Watch company, end the so-called
coaster brake trust score or more
of Investigations now under way by
the department of justice In which
corporations are claiming the rights
Of patentees to certain monopolies are
restrictions. are vitality affected.
Department of justice officials be-
lieve the decision may throw out one
feature of the case against the Key
stone Watch company, relating to re
selling prices. In the shoe machin-
cry company case, in which questions
of patent rights are involved. al
though It is admitted The company
may strengthen some portions OF it's
defenses by the decision, the DEPART
ment of justice regards these suits as
considerably broader than the usual
antitrust suits involving patents be-
cause of the governments allegations
OF combination.
The case actually before the court
concerned the right of the patentee
of rotary mimeograph to bind the
purchaser Of each machine to use on
Fit only ink which he manufactured.
1 The question arose as to whether
I've license restriction was governed