United States v. Logan Co.

JOHN L. MILLER, District Judge.

This action was commenced by the government to “prevent and restrain continuing violations by defendants” of Section 1 of the Sherman Act, 15 U.S.C.A. § 1, upon a charge that defendants illegally conspired to fix and maintain minimum prices of patented sheet chargers by means of uniform patent license agreements. The question before the court is whether the action should now be dismissed upon the motion of defendants under federal procedural rule 56, 28 U.S.C.A. inasmuch as the patent underlying the agreements has expired.

Rule 56(c) provides that “[t]he judgment…