Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1912-03-16
PATENTEE Gets
A MONOPOLY
Their Power to Restrict Sales
is Upheld.
MAY DICTATE ALL SALES
Chief Justice White In Dissenting Says
Every Household Loses Protection
and People Are Betrayed.

/ An important decision BY the su.
preme curt OF the United States con
STRUNG The patent laws was read by
\ Associate Justice l.urton. and a stir
ring dissent uttered by Chief Justice
/ White, in witch Justices Hughes and
/ Lamar concufred Under the decision
the patcntee has complete monopoly
and can dictate how articles can be
sold
II was a divided court ruling. for
against this majority view, announced
BY Justice l.urton. three members OF
the bench Chief Justice White and
Justices Hughes and Lamar-dissent-
1 ed
Chief Justice White declared that
congress should act 10 head OF I'M
told evils that would follow the con
struction of the patent laws. He said
that under the majority's ruling the
patent laws could be stretched so as
10 include in paten, every conceiy.
able thing used In every American
household The chief justice arraing-
ed the majority opinion as breaking
all presidents. the court in its past
history never having failed TO do its
duty TO the whole people and 10 stand
as the protector OF every household
The supreme court in It's decision
upheld the right OF holders Of patents
to make license restrictions as 10 the
way the articles they sell may be used.
The case involved alleged infringe.
ment in selling supplies Tor the use on
patented rotary mimeograph. \ no
tice on the machine set forth that 1t
was sold on he restriction that II was
to be used only with supplies made b.
the patenting company In announc.
ing the opinion Justice Lurton said
this conclusion resulted from the pro
per construction OF the patent statutes
The very object OF this statute. he
said. was 10 give a monopoly To the
inventor and the fact that he contin
ues that monopoly in his contracts
disposing OF his articles by charging
such price as he pleases was not lie
gal If such conditions interfered with
public policy. he said. congress alone
must change the patent law
The chief Justice said with a limited
patent. the patent law as construed
by the majority could now reach ont
and by contract include within the
patent every conceivable thing used in
every American household.
With unusual earnestness the chief
justice declared that now the pateniee
might become a patent law unto him
self. monopolizing things not novel,
nor new
In emphasizing the extent 10 which
the decision would reach and how far
already restrictions were placed on
the sale OF patented articles. Chici
Justice White told Of buying a razor
recently
When got home found | had he
come an infrlnger OF patent because
had paid for the razor the price |
had been asked and nothing more.
said he
Tho only safeguard the country had
possessed against this increasing evil,
he declared. had been the hope that
the supreme court would hold the re.
strictions void
Al least. ne declared. the majority
should have placed a limit on It's dc.
oision BY which public policy would
not allow the patent law TO be used
as screen to commit wrongs and
work monopoly in articles not patent
able
Department Of Justice officials re
gard the decision as extremely import |
ant in the administration Of the Shcr. |
man antitrust law. which is being In |
voked IN a number Of cases where ii |
is alleged that patent rights are being |
oyer.sicpped 10 restrain trade.