Legal Opinion

United States v. A. Schrader's Son, Inc.

Supreme Court of the United States

Decided March 1, 1920No. 567PublishedCited by 124 opinions

ERROR TO THE DISTRICT COURT. OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. The case is stated in the opinion. The defendant’s patents have no bearing on the case.

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ERROR TO THE DISTRICT COURT. OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. The case is stated in the opinion. The defendant’s patents have no bearing on the case. On this point we merely refer to the opinion of the District Court, holding that the decisions of this court establish that patented and unpatented articles are on the same footing with respect to fixing resale prices; that defendant’s so-called “license agreements’.’ were mere selling agreements; and that defendant’s use of the term “royalties” was merely intended to give color to its untenable theory that the patents…

1Opinion of the Court

Mk. Justice McReynolds

delivered the opinion of the court.

Defendant in error, a New York corporation, manufactured at Brooklyn, under letters patent, valves, gauges and other accessories for use in connection with automobile tires, and regularly sold and shipped large quantities of these to manufacturers and jobbers throughout the United States. It was indicted in the District Court, Northern District of Ohio, for engaging in a combination rendered criminal by § 1 of. the Sherman Act of July 2, 1890, c. 647, 26 Stat. 209, which declares illegal “every contract, combination in the form of…

2Cases cited2 opinions

  1. United States v. Colgate & Co.Supreme Court of the United States · 1919
  2. Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911

3Cited by124 opinions

  1. American Tobacco Co. v. United StatesSupreme Court of the United States · 1946
  2. California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc.Supreme Court of the United States · 1980
  3. Times-Picayune Publishing Co. v. United StatesSupreme Court of the United States · 1953
  4. United States v. Borden Co.Supreme Court of the United States · 1939
  5. Federal Trade Commission v. Cement InstituteSupreme Court of the United States · 1948

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