Morton Salt Co. v. G. S. Suppiger Co.

314 U.S. 488 (1942)

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Nature of the Case

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Facts

D's wholly-owned subsidiary and P manufacture and sell salt tablets used and useful in the canning trade. P's tablets have a particular configuration rendering them capable of convenient use in P's patented machines. D also makes and leases unpatented salt depositing machines in competition with P. P leases its patented machines to commercial canners, some two hundred in all, under licenses to use the machines upon condition and with the agreement of the licensees that only P's subsidiary's salt tablets be used with the leased machines. P is making use of its patent monopoly to restrain competition in the marketing of unpatented articles, salt tablets, for use with the patented machines. P brought this suit against D in the district court for an injunction and an accounting for infringement of its '645 patent. D moved pursuant to Rule 56 of the Rules of Civil Procedure. The trial court granted summary judgment dismissing the complaint. It reasoned that P was making use of the patent to restrain the sale of salt tablets in competition with its own sale of unpatented tablets, by requiring licensees to use with the patented machines only tablets sold by P. The Court of Appeals for the Seventh Circuit reversed, because it thought that P's use of the patent was not shown to violate §3 of the Clayton Act. The Supreme Court granted certiorari.