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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Ethyl Gasoline Corp. v. United States ： ウィキペディア英語版 Ethyl Gasoline Corp. v. United States ''Ethyl Gasoline Corp. v. United States''〔(''Ethyl Gasoline Corp. v. United States'' ), 309 U.S. 436 (1940).〕 was a 1940 decision of the United States Supreme Court that limited the doctrine of the Court's 1938 decision in ''General Talking Pictures Corp. v. Western Electric Co.''〔304 U.S. 175 (1938), affirmed on rehearing, 305 U.S. 124 (1938).〕 Beginning with the 1926 decision in ''United States v. General Electric Co.'',〔272 U.S. 476 (1926).〕 the Supreme Court made a sharp distinction between (i) post-sale restraints that a patentee imposed on purchasers of a patented product and (ii) restrictions (limitations) that a patentee imposed on a licensee to manufacture a patented product: the former being illegal and unenforceable under the exhaustion doctrine while the latter were generally permissible under a lenient "rule of reason." Thus, under the ''General Talking Pictures'' doctrine, a patent holder may permissibly license others to ''manufacture'' and then sell patented products in only a specified field (market), such as only a particular type of product made under the patent or only a particular category of customer for the patented product. The ''Ethyl'' decision held, however, that a patent licensing and distribution program based on both the sale of a patented product and licenses to manufacture a related product was subject to ordinary testing under the antitrust laws, and accordingly was illegal when its effect was to "regiment" an entire industry. ==Background== Ethyl owned several patents on tetra-ethyl lead, an anti-knock fuel additive, and on its utilization: two patents on the chemical itself, a patent on a motor fuel—gasoline containing tetra-ethyl lead, and a patent on a method of using the fuel in an automobile engine.〔309 U.S. at 446.〕 Ethyl established an elaborate licensing program under its several patents: Ethyl sold the fuel additive, and licensed purchasers to use it to practice the other patents. The licensing program fixed prices for the motor fuel and strictly limited the types of customer (''i.e.'', no price-cutters) to which given licensees could sell the motor fuel. Ethyl's program "controls the business of the major part of those engaged in manufacturing and distributing () in the United States." Ethyl licensed almost every US refiner and its licensees refined 88% of the gasoline in the US.〔309 U.S. at 449.〕 It was Ethyl's "long established practice . . . to refuse to grant licenses to jobbers who cut prices or refuse to conform to the marketing policies and posted prices of the major refineries or the market leaders among them." 〔309 U.S. at 450.〕 The United States sued Ethyl for violating the antitrust laws, and Ethyl claimed that its patents exempted its conduct. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Ethyl Gasoline Corp. v. United States」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.