Combination

1.

In the law of patents, the union of different elements. A combination is patentableonlj when the several elements of which it is composed produce by their joint action a new and useful result, or an old result in a cheaper or otherwise more advantageous way.^ Limitations and provisos imposed by the inventor will be consti Taed strictly against him, as in the nature of disclaimers.' ' A combination may be infringed when some of its. elements are employed and for others are used mechanical equivalents known to be such when the patent was granted.* See further Noveltv; Equivalent, 2; Patent, 2.

2.

In penal and criminal laws (as in a statute providing that one comm^on carrier may not combine with another for any purpose), a coalition, union, mutual agreement, or other blending, for any purpose whatever; as, for creating a monopoly.^ A combination between the mantifacturers of a patented article (a balance shade-roller), intended not to restrict production but simply to maintain a fair and uniform price, and to prevent the injurious effects to producers and consumers of fluctuating prices caused ' Stephen Plead., Tyl. ed., 306, 210. See Gould, PI.

322; 2 Chitty, PI. 655. a Aldrige v. State, 59 Miss. 255(1881), Chalmers, C. J. " Stephenson v. Brooklyn E. Co., 114 U. S. 157 (1885); Thatcher Heating Co. v. Burtis, 121 id. 286, 295 (1887), cases. 4 Sargent v. Hall Safe and Lock Co., 114U. S. 86(1885), cases. s Rowell V. Lindsay, 113 U. S. 102 (1885), cases. See also Booth V. Parks, 1 Flip. 381 (1884), cases; Hill v. Sawyer, 31 F. E. 282 (1887), cases; 20 Wall. 368; 92 U. S. 357; 109 id. 420; 111 id. 103; 17 F. E. 80, cases; 19 id.

509, by undue competition, is not in restraint of trade or against public policy. ^ A combination is criminal whenever the act to be done has a necessary tendency to prejudice the public or to oppress individuals by unjustly subjecting them to the power of the confederates, and giving effect to the purposes of the latter, whether of extortion or mischief. 2 The gist of the offense is the conspiracy. If the motives of the confederates be to oppress, or the means unlawful, or the consequences to others injurious, it is a conspiracy. Thus, a confederation to raise or depress the price of stocks, labor, merchandise, or the natural products, is a conspiracy." A confederation or conspiracy by an associated body of ship-owners, which is calculated to have and has the effect of driving the ships of other persons, and those of the p"laintiff in particular, out of a certain line of trade, — even though the immediate' object be not to injure the plaintiff but to secure to the conspirators a monopoly of the carrying trade between certain ports, — is, or may be, indictable, and therefore actionable, it private and particular damage can be shown. To warrant the court in granting an interim injunction he who complains must show that he has or will sustain "irreparable damage," that is, damage for which he cannot obtain adequate compensation without the special interference of the court.* "If a large number of men, engaged for a certain time, should combine together to violate their contract, and quit their employment together,.. it would surely be a conspiracy to do an unlawful act, though of such a character that, if done by an individual, it would lay the foundation of a civil action only, and not of a criminal prosecution." ^ See Boycotting; Cokspiraot; Strike, 2; Trade, Eestraints; Trades-Unions.