“ Can the owner of a patent, by means thereof, restrict the use made of a device manufactured under the patent, after the device has passed into the hands of a purchaser in the ordinary channels of trade, and full consideration paid therefor? ”
Louis Brandeis
Summary
“..”, is a work by Louis Brandeis. It explores elements such as amplifiers, patent and Transformer Company.
Quotes from .. (Louis Brandeis)
“ Indeed, petitioner could use the amplifiers at all only in combination with tubes which it purchased on the open market from retailers authorized by respondents to sell. Therefore, even if the state of mind of vendor and purchaser were material, Transformer Company could be considered an infringer only because it sold a commodity which might-depending on possible events after the sale-be used in infringing combination with another lawfully purchased commodity. The patent law was not intended to accomplish such result. ”
“ As the restriction was legal and the amplifiers were made and sold outside the scope of the license, the effect is precisely the same as if no license whatsoever had been granted to Transformer Company. And as Pictures Corporation knew the facts, it is in no better position than if it had manufactured the amplifiers itself without a license. It is liable because it has used the invention without license to do so. ”
