Edward Douglass White, Boston Store of Chicago v. American Graphophone Company…
“ Whether a producer of goods should be permitted to fix by contract, express or implied, the price at which the purchase may resell them, and if so, under what conditions, is an economic question. To decide it wisely it is necessary to consider the relevant facts, industrial and commercial, rather than established legal principles. ”
Edward Douglass White, Boston Store of Chicago v. American Graphophone Company…
“ Thus concluding, it becomes we think unnecessary to do more than say that we are of opinion that the attempt in argument to distinguish the cases by the assumption that they rested upon a mere question of the form of notice on the patented article or the right to contract solely by reference to such notice is devoid of merit since the argument disregards the fundamental ground upon which, as we have seen, the decided cases must rest. ”
Edward Douglass White, Boston Store of Chicago v. American Graphophone Company…
“ In addition, through perhaps an abundance of precaution we direct attention to the fact that nothing in the decided cases to which we have referred, having regard either to the application of the general law or of the patent law, deprives an inventor of any right coming within the patent monopoly, since the cases alone concerned whether the monopoly of the patent law can be extended beyond the scope of that law or, in other words, applied to articles after they have gone beyond its reach. ”
