Libbey-Owens-Ford Glass Co. v. Sylvania Industrial Corp.

1. My colleagues, I think, have, brushed to one side at least seven recent decisions of the Supreme Court,1 together with a half-dozen or more of our own, to reach a conclusion which, if it becomes a precedent, will seriously interfere with sound judicial administration of the patent and anti-trust laws. For it frustrates the policy, often recently announced by the Supreme Court, that the owner of a valid patent may not enforce it against infringers if the owner has abused tile patent monopoly by using it in a manner violative of the anti-trust laws.

I shall try to show below (point 6) that *818def…