Importation of Goods Covered by United States Patents (Process Patents on Phosphate Rock). Hearings Before the ....subcommittee on Phosphate Rock Process Patents....on H.R. 7851....May 5, 1938.(75-3).1938 - 110 lappuses |
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19 USCA abroad agitation and aeration amendment American industry American patent Amtorg Trading Corporation apatite bill bone phosphate BRAND BURROWS calcium calcium phosphate Chairman chemical Committee on Patents concentrated superphosphate Congress Congressman Peterson consists in subjecting Court of Customs crude phosphatic Customs and Patent decision desliming operation fact Federal Trade Commission fertilizer Florida flotation process foreign country Frischer HEINRICHS infringement International Agricultural Corporation involved jurisdiction KERKAM legislation letters patent license Long tons LUCE manufacture methods of competition mined miners oleic acid Patent Appeals patent laws Patent Office patented process percent phate phos phosphate rock phosphatic material phosphoric acid present process patent product patent protection provision question Russia section 337 SIROVICH soap sodium statute STEFAN substantially injure superphosphate supra Tariff Act Tariff Commission Tennessee Valley Authority tion tons of phosphate unfair acts unfair competition unfair method United States letters United States patent unpatented product violation WATSON
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87. lappuse - UNFAIR . METHODS OF COMPETITION DECLARED UNLAWFUL. — Unfair methods of competition and unfair acts in the importation of articles into the United States, or in their sale by the owner, importer, consignee, or agent of either, the effect or tendency of which is to destroy or substantially injure an industry, efficiently and economically operated, in the United States, or to prevent the establishment of such an industry, or to restrain or monopolize trade and commerce in the United States, are hereby...
102. lappuse - It is for the courts, not the Commission, ultimately to determine as matter of law what they include. They are clearly inapplicable to practices never heretofore regarded as opposed to good morals because characterized by deception, bad faith, fraud, or oppression, or as against public policy because of their dangerous tendency unduly to hinder competition or create monopoly.
43. lappuse - Code; or (ii) are made, produced, processed, or mined under, or by means of, a process covered by the claims of a valid and enforceable United States patent.
90. lappuse - Whenever the commission shall have reason to believe that any such person, partnership, or corporation has been or is using any unfair method of competition in commerce, and if it shall appear to the commission that a proceeding by it in respect thereof would be to the interest of the public...
85. lappuse - The bill alleges the violation of a single right, namely, the right to protection of the copyrighted play. And it is this violation which constitutes the cause of action. Indeed, the claims of infringement and unfair competition so precisely rest upon identical facts as to be little more than the equivalent of different epithets to characterize the same group of cirOpinion of the Court.
82. lappuse - unfair methods of competition" are not defined by the statute and their exact meaning is in dispute. It is for the courts, not the Commission, ultimately to determine as a matter of law what they include.
90. lappuse - If the point were more doubtful than we think it, we should hesitate to reject the conclusion of the Commission, based as it is upon clear, specific and comprehensive findings supported by evidence.
93. lappuse - ... the respondents in the choice of the contested name. The respondents say it was chosen to distinguish their variety of yellow pine from the harder yellow pines native to the southern states. We may assume that this is so. The fact remains, however, that the pines were not white either botanically or commercially, though the opportunity for confusion may have been comparatively slight when the sales were restricted to customers in local markets, buying for home consumption. Complaints, if there...
40. lappuse - The term machine includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result. But where the result or effect is produced by chemical action, by the operation or application of some element or power of nature, or of one substance to another, such modes, methods, or operations, are called processes.
84. lappuse - USC 40). Since the commission's recommendation in the instant case rests solely upon its finding that the act of importing apatite, made by the processes defined in the United States patents, constituted the act denounced by the statute, it becomes of importance to examine the decisions of the courts with respect to the extent of the protection afforded by process patents. These decisions uniformly have been to the effect that a patent for a process is not infringed by selling the product.