bauer cie argued april decided may edwin prindle arthur wright bauer daniel baker frank hogan horace pettit victor talking machine company nathan matthews waltham watch company frederick fish thomas pelham gilette safety razor company justice day delivered opinion case certificate appeals district columbia facts stated certificate berlin germany copartners assignees letters patent dated april covering certain water soluble albumenoid known process manufacturing july entered agreement hehmeyer business city new york trade name bauer chemical company whereby hehmeyer became since sole agent licensee sale said product agreement contemplating hehmeyer power fix price sale wholesalers distributors retailers public agreement contemplated said product furnished hehmeyer manufacturing cost net profits obtained shared equally parties agreement since april product uniformly sold supplied trade public appellants licensees sealed packages bearing name words following retailer size package sanatogen licensed us sale use price less one dollar sale violation condition use sold constitute infringement patent sanatogen manufactured persons selling using packages contents liable injunction damages purchase acceptance condition rights revert undersigned event violation bauer chemical appellee proprietor retail drug store street city purchased bauer chemical company retail trade original packages said sanatogen bearing aforesaid notice packages sold retail less persisting sales appellants march severed relations thereupon appellee without license consent appellants purchased jobbers within district columbia said jobbers purchased appellants original packages said product bearing aforesaid notice sold said packages retail less price fixed said notice avers continue sales question propounded acts appellee retailing less price fixed said notice original packages purchased jobbers aforesaid constitute infringement appellants patent protection given inventors authors originated constitution article authorizes congress promote progress science useful arts securing limited times authors inventors exclusive right respective writings discoveries protection far inventors concerned conferred act congress passed april subsequent acts amendments act stat chap granted sole exclusive right liberty making constructing using vending others used said invention discovery stat chap word substituted word stat chap word omitted legislation culminated revised statutes part dealing practically identical act stat chap comp stat provides every patent shall contain grant patentee heirs assigns term seventeen years exclusive right make use vend invention discovery right make use sell invented article derived patent law right existed without passage law always right inventor act secured inventor exclusive right make use vend thing patented consequently prevent others exercising like privileges without consent patentee bloomer mcquewan ed continental paper bag eastern paper bag ed sup passed purpose encouraging useful invention promoting new useful improvements protection stimulation thereby given inventive genius intended secure public lapse exclusive privileges granted benefit inventions improvements beneficent purposes view act congress fairly even liberally construed yet principle generally recognized care taken extend judicial construction rights privileges purpose congress bestow framing act defining extent rights privileges secured patentee congress use technical occult phrases simple terms gave inventor exclusive right make use vend invention definite term years right make scarcely made plainer definition embraces construction thing invented right use comprehensive term embraces within meaning right put service given invention congress stop express grant rights make use recognizing many inventions valuable inventor sales patented machine device others granted also exclusive right vend invention covered letters patent vend also term readily understood doubtful import use statute secured inventor exclusive right transfer title consideration others exclusive rights make use vend fairly construed view making purpose congress effectual reside extent patent monopoly statutes bloomer mcquewan ed need stop consider rights sell convey license others sell use inventions rights subject consideration numerous reported cases found books concerned construction statute aspect facts presented case presented pertains goods purchased jobbers within district columbia sold appellee prices stated resold retail less price fixed notice question therefore judicial determination may patentee notice limit price future retail sales patented article may made article hands retailer purchase jobber paid agent patentee full price asked article sold object notice said effectually maintain prices prevent ruinous competition cutting prices sales patented article purpose accomplished agreements concerning articles protected patent monopoly settled case dr miles medical john park sons ed sup held attempt thus fix price article general use public policy void doubtless within power congress confer right restriction upon patentee done question determined previous case far aware dealt copyright statute however case straus ed sup case undertaken limit price copyrighted books sale retail notice book fixing price stating dealer licensed sell less sale less price treated infringement copyright held statute securing holder copyright sole right vend copies book conferred privilege book sold exercised holder right secured statute thereby exhausted also held purpose law grant right qualify title future purchasers means printed notice affixed book give right extend statute beyond fair meaning secure privileges intended covered act congress case recognized differences copyright statute patent statute purpose decide question us expressly disclaimed section revised statutes comp stat part copyright act secures author inventor designer proprietor books maps charts dramatic musical compositions sole liberty printing reprinting publishing completing copying executing finishing vending statute differs patent statute terms intended protected apparent respect involved present inquiry strong similarity identity purpose two statutes case patents exclusive right vend invention discovery added like right make use grant case copyrights sole right multiplying reproducing books compositions coupled similar right far use terms concerned protection intended secured substantially identical sale patented article essentially different sale book case vend part thing consideration insisted purpose subserved notices prices preventing essential protection patented inventions copyrighted articles said copyrighted article may usually sold lump consideration author composer interest subsequent sales work patented inventions require large outlays create maintain market extent contention may based upon fact nevertheless well known many instances compensation author receives royalties upon sales book percentage profits makes desirable shall protection devices intended keep market prevent cutting prices considerations little weight framing acts providing grants exclusive rights privileges inventors authors think congress intention use term one sense patent act another copyright law protection exclusive right sell aimed instances terms used statutes intents apparent principal difference ments lies presence word patent statute absence copyright law inventor exclusive right make vend invention discovery like right use case comes fairly within grant right use use protected means properly within scope statute bement sons national harrow ed sup owner patent granted license defendant manufacture sell harrows embodied invention covered patent license provided payment licensor licensee royalty harrow frame sold stipulated licensee sell person less price named license subject change time time case one arising upon license agreements originating state involve construction patent act circumstances disclosed chief reliance however plaintiff case upon recent decision henry dick ed sup examination opinion case shows restriction sustained right use machine granted patent statute distinguishing respect patent copyright act case patented mimeograph sold bore inscription form notice machine sold license restriction might used stencil ink supplies made dick company owners patent alleged infringer sold purchaser mimeograph ink suitable use machine full knowledge restriction expectation ink sold used connection machine expressly stated opinion machine sold cost less patentee depended upon profit realized sale nonpatented articles used machine profit expected realize invention commenting upon copyright statutes resemblance author right vend copies work patentee right vend patented thing said inventor revised statutes comp stat granted exclusive right make use vend invention discovery grant defined bloomer mcquewan ed altogether right exclude everyone making using vending thing patented thus several substantive rights subject subdivision one person may permitted make neither sell use patented thing another may conveyed right sell within limited area particular use another patentee may grant right make use use specific purposes adams burke wall ed mitchell hawley wall ed providence rubber goodyear wall ed italics original opinion case distinguished straus supra construing copyright act difference terms copyright patent statutes patent act conferring right make sell exclusive right use patent right use license notice question sustained obvious notice case dealt use machine limited use paper ink supplies manufacture patentee title transferred qualified title giving right use machine certain specified supplies said dick case collision whatever decision merrill case present opinion rests upon construction applicable statute special facts cases contended argument notice case deals use invention notice package licensed sale use price less purchase acceptance conditions rights revert patentee event violation restriction view facts certified case took place concerning article question perversion terms call transaction sense license use invention jobber appellee purchased previously bought price must deemed satisfactory packages sanatogen afterwards sold appellee patentee interest proceeds subsequent sales right royalty thereon participation profits thereof packages sold full complete title article sold open market excepting attempt limit sale use sold less words title transferred full complete attempt reserve right fix price subsequent sales made showing qualified sale less value limited use articles shown dick case transfer limited right use invention call sale license use mere play upon words real question whether exclusive right secured statute patented article included right notice dictate price subsequent sales article may made patentee relies solely upon notice quoted control future prices resale purchaser article said great utility highly desirable general use appellee jobbers purchased neither agents licensees patentee title right sell article purchased without accounting proceeds patentee without making payment already made purchase agent patentee upon facts presented think right vend secured patent statute distinguishable right vending given copyright act instances intention congress secure exclusive right sell grant privilege keep prices prevent competition notices restricting price article may resold right vend conferred patent law exercised added restriction beyond protection purpose act case brought within line cases beginning held patentee parted patented machine passing title purchaser placed article beyond limits monopoly secured patent act adams burke wall ed justice miller delivering opinion pertinently said vast pecuniary results involved cases well public interest admonish us proceed care decide case directly issue true ground decisions rest sale person full right make sell use machine carries right use machine full extent used point time right manufacture right sell right use substantive rights may granted conferred separately patentee essential nature things patentee person rights sells machine instrument whose sole value use receives consideration use parts right restrict use article language passes without limit monopoly say patentee assignee act sale received royalty consideration claims use invention particular machine instrument open use purchaser without restriction account monopoly patentees bloomer mcquewan supra goodyear beverly rubber cliff fed cas chaffee boston belting ed keeler standard folding bed ed sup holding views question propounded appeals answered negative ordered dissenting justice mckenna justice holmes justice lurton justice van devanter