Excerpt from Restraints of Trade in Patented Articles
These pages comprise a discussion of contracts in restraint of trade in patented articles. The writing is not intended to be considered as a text book or digest of the law. The scope of the effort is far narrower than that. From beginning to end it consists of an expanded comment on two sentences of an opinion of Chief Justice Taney in Bloomer vs. McQuewan:
"The franchise which the patent grants, consists altogether in the right to exclude every one from making, using, or vending the thing patented without the permission of the patentee. This is all that he obtains by the patent."
The first 99 pages constitute a sort of organon by which three groups of cases are sought to be examined and tested. These three groups are prefigured respectively by Heaton-Peninsular Button Fastener Co. vs. Eureka Specialty Co., Victor Talking Machine Co. vs. The Fair, and Rubber Tire Wheel Co. vs. Milwaukee Rubber Tire Works. Unless the reader is interested in matters cognate to one or all of these cases, the volume for him has not any significance.
Because of the narrow range and articulated character of the discussion, it has not been deemed advisable to break the pages up into insulated paragraphs, set off by catch phrases. The table of citations and the index may somewhat compensate this omitted feature.
No doubt the volume contains mistakes, typographical and otherwise. In so far as these are known to me, I have labored to eliminate them. It seems not worth while to go further and perfunctorily to hazard an apology in anticipation of the assured discoveries of others. Any designation of errors, of whatever kind, will be appreciated.
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