United States v. General Electric Co.

115 F. Supp. 835, 99 U.S.P.Q. (BNA) 76, 1953 U.S. Dist. LEXIS 2490
CourtDistrict Court, D. New Jersey
DecidedOctober 2, 1953
DocketCiv. A. 1364
StatusPublished
Cited by15 cases

This text of 115 F. Supp. 835 (United States v. General Electric Co.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. General Electric Co., 115 F. Supp. 835, 99 U.S.P.Q. (BNA) 76, 1953 U.S. Dist. LEXIS 2490 (D.N.J. 1953).

Opinion

TABLE OF CONTENTS

Note :

Headings listed in Roman numerals in column entitled “Section” refer to provisions which will constitute the Final Judgment.

Headings not listed in the said column refer to discussions of subjects proposed by the parties, but which will not be included in the Final Judgment.

Section Page

Recital of Final Judgment..................To precede I

Jurisdiction ........................................ I

Definitions......................................... II

Applicability of Judgment............................ Ill

Adjudications ......................................

Injuncion Against Performance of Agreements........ IV

Patents and Technology Dedication of Existing Patents on Lamps and Lamp Parts........................................ V A

Licensing of Patents on Lamp Machinery......... V B

Licensing of General Electric’s Future Patents____ V C (1)

Reciprocity ................................ C (2)

License Regulations ............................ V D

*839 Technological Information on Manufacture of Lamps and Lamp Parts...................- V E (1)

Blue Prints and Technological Information Relating to Lamp Machinery................. E (2)

Injunctions Relating to Patents................... V F

Competitive Bidding and Trademarks................. VI

Government’s Proposed Section X Covering Distribution...........

General Injunctions ...;............................ VII

Statutory Rights ................................... VIII

Domestic Divestiture...........................................

Foreign Investments................................ IX

Access of Department of Justice to Records and Interviews; Reports................................... X

Activities of Philips.................... XI

Retention of Jurisdiction............................. XII

Opinion as Findings................................XIII

Interim Relief.................................................

Exhibit A .................................................

Exhibit B .................................................

Appendices ................................................

FORMAN, Chief Judge.

Following the filing of an opinion in this case, reported in D.C.N.J.1949, 82 F.Supp. 758, the Government and General Electric 1 submitted proposed forms of judgments to implement the said opinion. Philips, Westinghouse, Sylvania and Tung-Sol also offered suggested provisions in regard to portions of the proposed judgment which would .affect them, and they and other defendants were heard with regard to aspects of the judgment by which they would be affected. Hearings concerning the proposed remedies and the Government’s application for interim relief were had at which testimony was offered, oral arguments made and briefs were submitted. Following will be found the provisions of the judgment which are deemed to be applicable in this case. After each provision an annotation will follow discussing the origin and reason for its inclusion in the judgment.

FINAL JUDGMENT

Plaintiff, United States of America, having filed its complaint herein on January 27, 1941, and the defendants, and each of them, having appeared and filed their answers to such complaint, and American Blank Company and Empire Machine Company having been dissolved prior to the commencement of the action, and an order having been entered herein dismissing the complaint as to them; and Corning Glass Works and plaintiff having entered into a consent judgment on March 7, 1946; and Westinghouse Electric Corporation (sued as Westinghouse Electric and Manufacturing Company) and plaintiff having entered into a consent judgment on April 10,1942; and said Westinghouse Electric Corporation having acquired the lamp assets of defendant Ken-Rad Tube & Lamp Company, and an order having been entered herein dismissing the complaint as to said Ken-Rad Tube & Lamp Company; *840 and this action having come on for trial; and the Court, after the taking of evidence, and considering the briefs and arguments submitted by the parties, having filed its opinion herein on January 19,1949, which was certified as the Findings of Fact and Conclusions of Law; and the Court after taking further evidence, and after considering further arguments and briefs submitted by the parties, having filed an opinion on October 2, 1953 as to the remedies, and having directed entry of Judgment pursuant to Rule 52 of the Rules of Civil Procedure, 28 U.S.C.;

Now Therefore, it is this-day of -, 1953 Ordered, Adjudged and Decreed as follows:

Section I
JURISDICTION
This Court has jurisdiction of the subject matter of this cause of action and each of the parties thereto, and the complaint states a cause of action against the defendants, and each of them, under Sections 1 and 2 of the Sherman Act, 15 U.S.C.A. §§ 1, 2.

The foregoing language of the title and recital is proposed by General Electric except for a modification referring to this opinion suggested by the plaintiff. Section I, “Jurisdiction”, was proposed by the Government. The title and recital as modified and Section I were acceptable to the parties.

Section II
DEFINITIONS
As used in this Judgment:
A. “Lamps” means any electrical device the primary purpose of which is to convert electric energy into light within the visible spectrum by means of an incandescent filament. As so defined “lamps” does not include fluorescent or electric discharge lamps, photoflash lamps or the so-called arc or enclosed arc lamps.
B. “Lamp parts” means any part, material or element made for, used in, or constituting an integral part of, an incandescent lamp (such as, but not limited to, glass bulbs, tubing and cane, bases, wire and gases).
C. “Lamp machinery” means any machinery used in the manufacture or assembly of incandescent lamps or lamp parts, including glass parts.
D. “Patent” (or “patents”) means any existing United States Letters Patent and Applications, and any divisions, continuations, reissues and extensions of such patents, relating, but only in so far as they relate, to lamps, lamp parts or lamp machinery, owned or controlled by any of the defendants, or under which any of them has a right to grant licenses or sublicenses, at the date of this Judgment.
E.

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Bluebook (online)
115 F. Supp. 835, 99 U.S.P.Q. (BNA) 76, 1953 U.S. Dist. LEXIS 2490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-general-electric-co-njd-1953.