C. J. HENDRY CO. ET AL.
v.
MOORE ET AL.
C. J. HENDRY CO. ET AL.
MOORE ET AL.
316 U.S. 652
Supreme Court of the United States (1942)
Positive Treatment
Cited by 4 cases
Opinion
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Sola Elec. Co. v. Jefferson Elec. Co., 317 U.S. 173 (U.S. 1942)…ed to deny its validity. And, treating the patent as valid, it held [*175] that the stipulation for control of the sales price of the patented articles manufactured by the licensee was a lawful exercise of the patent monopoly. We granted certiorari, 316 U. S. 652, the question being of importance to the administration of the patent laws and the Sherman Anti-Trust Act. The Circuit Court of Appeals, in holding that petitioner as a licensee was estopped to challenge the validity of the patent, did not say whet…
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Libbey-Owens-Ford Glass Co. v. Sylvania Indus. Corp., 154 F.2d 814 (2d Cir. 1946)…equently, when it heard the appeal on the merits, the Circuit Court held for the plaintiff on the ground that defendant, as licensee, was estopped to contest the patent’s validity; 7 Cir., 125 F. 2d 322. The Supreme Court, having granted certiorari (316 U.S. 652, 62 S.Ct. 946, 86 L.Ed. 1733), reversed and remanded. Citing Morton Salt Co. v. Suppiger, 314 U.S. 488, 489, 62 S.Ct. 402, 86 L.Ed. 363, it held that, because of the price control provision, the license was illegal, as a violation of the anti-trust…
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Gilmore v. United States (two cases), 131 F.2d 873 (8th Cir. 1942)…, 82 L.Ed. 1112; Aderhold v. Murphy, 1.0 Cir., 103 F. 2d 492, 493; Gilmore v. United States, 10 Cir., 129 F. 2d 199, 202; United States ex rel. Coy v. United States, D.C., 38 F.Supp. 610, 611, 612, affirmed 6 Cir., 124 F. 2d 1019, certiorari granted 316 U.S. 652, 62 S.Ct. 1033, 86 L.Ed. 1733, dismissed 316 U.S. 342, 62 S. Ct. 1137, 86 L.Ed. 1517. Cases referring to a possible limited availability of such a remedy in federal criminal practice are: United States v. Mayer, 235 U.S. 55, 69, 35 S.Ct. 16, 59 L.E…
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