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BARBER-COLMAN CO. v. NATIONAL TOOL CO.

No. 9321.

136 F.2d 339 (1943)

BARBER-COLMAN CO. v. NATIONAL TOOL CO.

Circuit Court of Appeals, Sixth Circuit.

June 3, 1943.

Attorney(s) appearing for the Case

Edward R. Johnston, of Chicago, Ill. (William E. Chilton, of Cleveland, Ohio, and C. Paul Parker and Parker, Carlson, Pitzner & Hubbard, all of Chicago, Ill., on the brief), for appellant.

Samuel J. Kornhauser and William R. Day, both of Cleveland, Ohio (Oberlin, Limbach & Day, of Cleveland, Ohio, on the brief), for appellee.

Before HAMILTON, MARTIN, and McALLISTER, Circuit Judges.

MARTIN, Circuit Judge.

The contestants agree that the decisive question to be answered on this appeal is whether the owner of a process patent who also owns a patent for a machine designed for operation in conjunction with the patented process may, by license agreement, control the selling price of the article produced by use of the patented machine and process, where no patent covers the article sold.

The appeal is from the judgment of the District Court...

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