Stokes & Smith Co. v. Transparent-Wrap Machine Co.’s Empirical Analysis
161 F.2d 565 · 1947
Citation profile
3
cited by 3 later decisions
September 1958
most recently cited
1 district ·
Relationships
Relies on Transparent-Wrap Mach Corporation v. Stokes & Smith Co · Nachman Spring-Filled Corp. v. Kay Mfg. Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In support of this plaintiff argues that, when the defendant fortified the monopoly of its own patents by acquiring the plaintiff’s patents, it secured a ‘double monopoly,’ which was an unlawful restraint of trade, even though taken by itself the acquisition of those patents was lawful. The period, to which any such restraint is necessarily limited, is that during which both the Zwoyer patents and the plaintiff’s patents will be in existence; for we must obviously disregard any period after the expiration of the Zwoyer patents, during which the plaintiff’s patents may remain in force. In that period the defendant’s control will be precisely the same as the plaintiff’s would have been, had it not assigned. During what we may, however, call the joint period it is true that the defendant will have a monopoly, not only of the Zwoyer machine itself, but of any improvements upon it covered by the plaintiff’s patents: verbally, that is a ‘double monopoly’; actually that phrase adds nothing to the defendant’s control over production. No one will be able to use, make or vend the Zwoyer machine without its consent, and no one can use, make or vend an improvement without using, making or vending the machine improved. The defendant’s control over the industry will be no greater by virtue of the improvement patents; all it will gain during the joint period is a freedom to add the improvements to the Zwoyer machine, which it would not otherwise have had, for its license from the plaintiff”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.