Virtue v. Creamery Package Mfg. Co.

Citations

• 179 F. 115
• 102 C.C.A. 413
• 1910 U.S. App. LEXIS 4622

Syllabus

<p>L Monopolies (§ 17*) — Contracts in Restraint of Trade — Federal AntiTrust Law.</p> <p>A contract by which a manufacturing company, whose products are sold in interstate commerce, makes another sole agent for the sale of its products, is not In violation of Sherman Anti-Trust Act \\ July 2, 1890, c. 647, 26 Stat. 209 (U. S. Comp. St. 1901, p. 3200), as in restraint of interstate trade and commerce; its effect on such commerce, if any, being indirect and incidental.</p> <p>[Ed. Note. — For other eases, see Monopolies, Dec. Dig. § 17.*]</p> <p>2. Monopolies (§ 21*) — Suit fob Infringement — Right to Maintain.</p> <p>That the owner of a patent is a party to an illegal 'Combination in restraint of trade does not deprive him of the right to sue for infringement of his patent.</p> <p>[Ed. Note. — For other cases, see Monopolies, Dec. Dig. § 21.*</p> <p>Rights and liabilities of parties contracting with trusts or combinations in restraint of trade, see note to Chicago Wall Paper Mills v. General Paper Co., 78 O. C. A. 612.]</p> <p>3. Monopolies (§ 28*) — Combinations in Restraint of Trade — Action for Damages.</p> <p>Evidence held insufficient to establish a combination or conspiracy in restraint of interstate trade or commerce between two defendants, each of whom brought a suit against plaintiff for infringement of a different patent, which would sustain an action by plaintiff for treble damages under Sherman Anti-Trust Act, July 2, 1890, c. 647, § 7, '26 Stat, 210 (U. S. Comp. St. 1901, p. 3202).</p> <p>[Ed. Note. — For other cases, see Monopolies, Dec. Dig. § 28.*]</p> <p>4. Libel and Slander (§ 132*) — Title—Threatening Suits fob Infringement of Patent.</p> <p>The owner of a patent may lawfully notify infringers, or persons believed to be such, of his claims, and warn them that suit will be brought to protect his legal rights, where he acts in good faith.</p> <p>[Ed. Note. — For other cases, see Libel and Slander, Dec. Dig. §‘332.*]</p>