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CHAPTER X
THE PATENT MONOPOLY
NOTE
For several years past the United Shoe Machinery Company has
been regarded, and with reason, as the foremost example of a Patent
Monopoly. This concern is, moreover, a combination, since prior
to 1897 much of the machinery now controlled by the single com
pany was divided among four concerns and was therefore, subject
to at least limited competition. In February 1897 the United
Shoe Machinery Company was organized under the laws of the
State of New Jersey. By means of an issue and exchange of its
capital stock it took over the business of four concerns—the Con
solidated and McKay Lasting Machine Company, Goodyear Shoe
Machinery Company, McKay Shoe Machinery Company and
Eppler Welt Machine Company. Since that time the United Shoe
Machinery Company has substantially controlled the shoe ma
chinery business of the United States which has been handled
strictly upon a lease basis. Powerful as the company has been it
has been constantly threatened by the invention of new types of
shoe machinery. Frequently it has been compelled to buy out such
potential competitors, often at high valuations. The license or
lease system of the United Shoe Machinery Company is shown
below in the exhibits by a typical lease contract. There has also
been included another typical lease or license agreement, that of
the Motion Picture Patents Company and one of the Crown Cork
and Seal Company.
The last exhibit in this chapter consists of excerpts from the
decision handed down in March 1912 in the so-called Dick case.
Influential as was the decision in the Dr. Miles Medical Company
case, in restricting the tendency toward monopolistic control so
far as the conditions and terms of sale have reference to unpatented
articles, the Dick case goes the full length in the opposite direction
and upholds in the most sweeping language the power of concerns
and individuals holding patents to impose whatsoever conditions