Brownell, Atty. Gen v. Ketcham Wire & Mfg. Co
Opinion
Opinion
Carter, J.
This appeal raises questions concerning the jurisdiction of the District Court under the Trading With The Enemy Act, Oct. 6, 1917, c. 106, § 1; 40 Stat. 411 as amended; 50 U.S.C.A.Appendix, §§ 1-40; interpretation of appellee’s patent licensing contract with a German national and the impact of the antitrust laws of the United States on such contract.
Motions for summary judgment supported by affidavits were made by both appellant and appellee, and the basic facts are not in dispute. No findings were made. We draw the facts hereafter related from the admitted facts of the pleadings, the undisputed affidavits, and correspondence between the parties set up as exhibits to the motions.
The appellee and plaintiff [hereafter called Ketcham] is a corporation of the State of Washington. It is not an “enemy” or “ally of the enemy.” On December 23, 1938, there was delivered to Ketcham an option agreement executed by Oscar Kind, a German national, covering two U. S. patents, and two applica* tions for U. S. patents relating to wire tieing and wire strapping methods, devices and machines. The patents in question were the product of German invention, and owned by Oscar Kind.