Besser Manufacturing Co. v. United States

Besser Manufacturing Co. v. United States
Argued April 21, 1952
Decided May 26, 1952
Full case nameBesser Manufacturing Company v. United States
Citations343 U.S. 444 (more)
72 S. Ct. 838; 96 L. Ed. 2d 1063; 1952 U.S. LEXIS 2810; 93 U.S.P.Q. 321
Case history
Prior96 F. Supp. 304 (E.D. Mich. 1951)
Court membership
Chief Justice
Fred M. Vinson
Associate Justices
Hugo Black · Stanley F. Reed
Felix Frankfurter · William O. Douglas
Robert H. Jackson · Harold H. Burton
Tom C. Clark · Sherman Minton
Case opinion
MajorityJackson, joined by a unanimous court
Clark took no part in the consideration or decision of the case.

Besser Manufacturing Co. v. United States, 343 U.S. 444 (1951), is a 1951 patent–antitrust decision of the United States Supreme Court in which the Court upheld a ruling that the dominant U.S. manufacturer of concrete block–making machines violated the antitrust laws when it acquired its two principal competitors (attaining a 65% market share), bought important patents, made bad–faith threats of patent infringement suits, and entered into patent licensing agreements in which the parties were given veto powers over any prospective additional licensees. The Supreme Court approved the district court's grant of compulsory, reasonable–royalty licensing of the patents and compulsory sales of patented machines, holding that such relief "is a well–recognized remedy where patent abuses are proved in antitrust actions, and it is required for effective relief."