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Bind Quote by John Bates Clark

“In a recent decision of the Supreme Court, not made, however, by the full court, and concurred in by only four justices, it was held that the seller of a patented mimeograph could bind the purchaser to use only his ink in the machine, though the ink was not patented.” quote by John Bates Clark
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“In a recent decision of the Supreme Court, not made, however, by the full court, and concurred in by only four justices, it was held that the seller of a patented mimeograph could bind the purchaser to use only his ink in the machine, though the ink was not patented.”

John Bates Clark

About This Quote

The ruling affirms that a seller can impose post‑sale restrictions on a product’s consumables even when those consumables aren’t patented, effectively extending control beyond the patented item.

In simple terms: Seller can bind buyer to use only seller’s consumables.

Key Takeaway

Patent rights can be leveraged to enforce downstream usage restrictions.

Themes

Intellectual property law Contractual freedom Consumer autonomy Market competition Patent scope

Mood

Cautious Analytical Critical

Type

Legal precedent Policy commentary

When to use this quote

  • Negotiating equipment purchase contracts
  • Designing consumable‑dependent hardware
  • Assessing supplier lock‑in strategies
  • Evaluating compliance for OEMs
  • Advising startups on product bundling

Key Concepts

Patent exhaustion doctrine Post‑sale restrictions Licensing agreements Antitrust considerations

Practical Applications

  • Legal counsel for patent litigation
  • Policy analysis for antitrust regulators

Questions to Reflect On

  • How does this decision affect the balance between patent incentives and market competition?
  • What mechanisms could mitigate lock‑in while preserving innovation?
A Different Perspective

Such restrictions may be challenged as anti‑competitive if they unreasonably limit consumer choice and market entry for alternative suppliers.

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