Paul on May 4th Ronson notified one of defendants' largest customers (Bennett Bros. Paul, Minnesota, the home of Brown & Bigelow on May 6, 1951, Ronson published in a New York newspaper an advertisement announcing a butane cigarette lighter with a throw-away cartridge, but Ronson's lighter was not ready for sale "until a year and a half later" on May 7, 1951, Ronson filed this suit, substantially identical with the suit in St.
To establish the charges made against plaintiffs, defendants rely on a chain of events, namely:Īs of May, 1951, Art Metal was the primary producer of automatic cigarette lighters in the United States Art Metal on May 8, 1951, made a final payment to their attorneys in connection with Congressional action extending the patent under which they manufacture automatic cigarette lighters on May 5, 1951, Ronson sued intervenor Brown & Bigelow for patent infringement in St. 2 provides that every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons to monopolize any part of the trade or commerce among the several states, or with foreign nations, shall be guilty of a misdemeanor * * *." 1 of the Anti-Trust Act declares that every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce among the several states or with foreign nations, is declared to be illegal. Dempsey Pump Co., 10 Cir., 198 F.2d 416, 422, the Court gave a generally accepted interpretation of the Sherman Act: "Sec. Plaintiffs deny: (1) all the defendants charges (2) defendants have suffered damage from any act of plaintiffs. * * * Also there exist here a combination or conspiracy to monopolize part of the trade of cigaret lighters condemned under Section 2, and this, of course, requires more than one person." Additionally there exist a monopoly and attempt to monopolize condemned under Section 2. Positions and Claims of Parties Defendants claim: "In the present case * * * there exist contracts, combinations, and conspiracies in restraint of trade, condemned under Section 1 of the Sherman Act. The record has been completed on the issue made by the counterclaim. It has been finally decided against plaintiffs, 8 Cir., 202 F.2d 87. The charge of infringement was separated for hearing. Defendants denied infringement and countered with a claim for $1,500,000 damages, charging plaintiffs with illegal monopoly and conspiracy in the production and sale of automatic cigarette lighters, to defendants' damage, in violation of the Sherman Act, 15 U.S.C.A. Brown & Bigelow intervened as a party defendant. was brought into the case on motion of defendant as a party plaintiff on defendant's counterclaim. for patent infringement by manufacture and sale of an automatic cigarette lighter. Ronson Patents Corporation sued defendant Sparklets Devices, Inc.
Louis, Mo., for defendant and intervenor. Louis, Mo., for plaintiff and additional party to the counterclaim.
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