Patents - Misues Doctrine - Multiple Licenses with Price-Fixing Provisios as Shermen Act Violation

Authors

Herbert A. Bernhard S.Ed., University of Michigan Law SchoolFollow

Abstract

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. v. Superior Moire Co., (3d Cir. 1956) 237 F. (2d) 283.

Recommended Citation

Herbert A. Bernhard S.Ed., Patents - Misues Doctrine - Multiple Licenses with Price-Fixing Provisios as Shermen Act Violation, 55 Mich. L. Rev. 726 (1957).
Available at: https://repository.law.umich.edu/mlr/vol55/iss5/13