Sewing Machine Combination

Last updated

The Sewing Machine Combination or the Sewing Machine Trust was the first patent pool in US history. It was formed by the "Albany Agreement" of 24 October 1856 and lasted until its last patent expired in 1877. [1] [2] [3] It existed for the purpose of reducing the licensing and litigation overhead being imposed by the patent thicket known as the Sewing Machine War.

Prior to the Sewing Machine Combination, companies could purchase rights from Elias Howe for a royalty fee of $25 for every machine sold. In 1856, president of the Grover & Baker company, Orlando B. Potter, worked with Howe, Wheeler & Wilson, and Isaac Singer's I. M. Singer and Company to pool their patents and agree to terms of use. The requirements were: at least 24 manufacturers were to be licensed; the founding companies would equally share the profits; and Howe would receive a $5 royalty for each machine sold in the U.S. and $1 for exported machines. Interests only were pooled, prices were not set, and the market was open to fair competition, which allowed companies to concentrate on manufacturing and marketing the machines, rather than litigation. [3] [4]

Of the nine patents pooled, three were particularly crucial: the lockstitch, the four-motion feed, and the combination of a vertical needle with horizontal sewing surface. [5] In addition to its four member companies, dozens of other companies licensed its patents, for which they paid royalties and submitted annual production reports. [6]

Twenty years after the Combination expired, only two of the companies remained in business. [3]

Related Research Articles

The Motion Picture Patents Company, founded in December 1908 and terminated seven years later in 1915 after conflicts within the industry, was a trust of all the major US film companies and local foreign-branches, the leading film distributor and the biggest supplier of raw film stock, Eastman Kodak. The MPPC ended the domination of foreign films on US screens, standardized the manner in which films were distributed and exhibited within the US, and improved the quality of US motion pictures by internal competition. But it also discouraged its members' entry into feature film production, and the use of outside financing, both to its members' eventual detriment.

Singer Corporation American manufacturer of sewing machines

Singer Corporation is an American manufacturer of consumer sewing machines, first established as I. M. Singer & Co. in 1851 by Isaac M. Singer with New York lawyer Edward C. Clark. Best known for its sewing machines, it was renamed Singer Manufacturing Company in 1865, then the Singer Company in 1963. It is based in La Vergne, Tennessee, near Nashville. Its first large factory for mass production was built in 1863 in Elizabeth, New Jersey.

Sewing machine Machine used to stitch fabric

A sewing machine is a machine used to sew fabric and materials together with thread. Sewing machines were invented during the first Industrial Revolution to decrease the amount of manual sewing work performed in clothing companies. Since the invention of the first sewing machine, generally considered to have been the work of Englishman Thomas Saint in 1790, the sewing machine has greatly improved the efficiency and productivity of the clothing industry.

Isaac Singer American inventor and businessman

Isaac Merritt Singer was an American inventor, actor, and businessman. He made important improvements in the design of the sewing machine and was the founder of what became one of the first American multi-national businesses, the Singer Sewing Machine Company.

Elias Howe American inventor

Elias Howe Jr. was an American inventor best known for his creation of the modern lockstitch sewing machine.

In United States patent law, patent misuse is a patent holder's use of a patent to restrain trade beyond enforcing the exclusive rights that a lawfully obtained patent provides. If a court finds that a patent holder committed patent misuse, the court may rule that the patent holder has lost the right to enforce the patent. Patent misuse that restrains economic competition substantially can also violate United States antitrust law.

In patent law, a patent pool is a consortium of at least two companies agreeing to cross-license patents relating to a particular technology. The creation of a patent pool can save patentees and licensees time and money, and, in case of blocking patents, it may also be the only reasonable method for making the invention available to the public. Competition law issues are usually important when a large consortium is formed.

Edward Cabot Clark American businessman and investor

Edward Cabot Clark was an American lawyer, businessman and investor.

The Port, Cambridge

The Port, formerly Area 4, is a neighborhood of Cambridge, Massachusetts, roughly between Central Square, Inman Square, and MIT. It is bounded on the south by Massachusetts Avenue, on the west by Prospect Street, on the north by Hampshire Street, and on the east by the Grand Junction Railroad tracks. Area 4 is a densely populated residential neighborhood with about 7,000 residents.

Philip Diehl (inventor) German-American mechanical engineer and inventor

Philip H. Diehl was a German-American mechanical engineer and inventor who held several U.S. patents, including electric incandescent lamps, electric motors for sewing machines and other uses, and ceiling fans. Diehl was a contemporary of Thomas Edison and his inventions caused Edison to reduce the price of his incandescent bulb.

Wright brothers patent war Airplane flight control patent dispute

The Wright Brothers patent war centers on the patent they received for their method of an airplane's flight control. The Wright brothers were two Americans who are widely credited with inventing and building the world's first flyable airplane and making the first controlled, powered and sustained heavier-than-air human flight on December 17, 1903.

Allen B. Wilson

Allen Benjamin Wilson (1823–1888) was an American inventor famous for designing, building and patenting some of the first successful sewing machines. He invented both the vibrating and the rotating shuttle designs which, in turns, dominated all home lockstitch sewing machines. With various partners in the 19th century he manufactured reliable sewing machines using the latter shuttle type.

Torrington Company

The Torrington Company was a firm that developed in Torrington, Connecticut, emerging as a rename from the Excelsior Needle Company. It used a "cold swaging" technique to create sewing machine needles and other needles from cold metal, and was the largest employer in Torrington. in addition to its main facilities in Torrington, it acquired a division, located in South Bend, Indiana.

The Singer Model 27 and later model 127 were a series of lockstitch sewing machines produced by the Singer Manufacturing Company from the 1880s to the 1960s.. They were Singer's first sewing machines to make use of "vibrating shuttle" technology. Millions were produced. They are all steel and cast iron, and were built before the advent of planned obsolescence, and so they were designed to be repaired rather than replaced. Consequently many remain today, some in collections and others still in service. In company literature they were called "the woman's faithful friend the world over".

A vibrating shuttle is a bobbin driver design used in home lockstitch sewing machines during the second half of the 19th century and the first half of the 20th century. It supplanted earlier transverse shuttle designs, but was itself supplanted by rotating shuttle designs.

The rotary hook is a bobbin driver design used in lockstitch sewing machines of the 19th and 20th century and beyond. It triumphed over competing designs because it can run at higher speeds with less vibration.

Kimble v. Marvel Entertainment, LLC, 576 U.S. 446 (2015), is a significant decision of the United States Supreme Court for several reasons. One is that the Court turned back a considerable amount of academic criticism of both the patent misuse doctrine as developed by the Supreme Court and the particular legal principle at issue in the case. Another is that the Court firmly rejected efforts to assimilate the patent misuse doctrine to antitrust law and explained in some detail the different policies at work in the two bodies of law. Finally, the majority and dissenting opinions informatively articulate two opposing views of the proper role of the doctrine of stare decisis in US law.

United States v. Singer Mfg. Co., 374 U.S. 174 (1963), was a 1963 decision of the Supreme Court, holding that the defendant Singer violated the antitrust laws by conspiring with two European competitors to exclude Japanese sewing machine competition from the US market. Singer effectuated the conspiracy by agreeing with the two European competitors to broaden US patent rights and concentrate them under Sanger's control in order to more effectively exclude the Japanese firms. A further aspect of the conspiracy was to fraudulently procure a US patent and use it as an exclusionary tool. This was the first Supreme Court decision holding that exclusionary use of a fraudulently procured patent could be an element supporting an antitrust claim.

Brulotte v. Thys Co., 379 U.S. 29 (1964), was a Supreme Court of the United States decision holding that a contract calling for payment of patent royalties after the expiration of the licensed patent was misuse of the patent right and unenforceable under the Supremacy Clause, state contract law notwithstanding. The decision was widely subjected to academic criticism but the Supreme Court has rejected that criticism and reaffirmed the Brulotte decision in Kimble v. Marvel Entertainment, LLC.

Access Advance LLC is an independent licensing administrator company formed to lead the development, administration, and management of patent pools for licensing essential patents of the most important standards-based video codec technologies. The company, originally known as HEVC Advance LLC, changed its LLC name in October 2020 to Access Advance LLC to convey its expanded focus on licensing additional standards-based video codec technologies, such as Versatile Video Coding (VVC), for which the company is planning to launch a new VVC licensing program in early 2021. Access Advance currently offers a patent pool license via the HEVC Advance Patent Portfolio License, which grants a license to over 10,000 patents essential to practicing the High Efficiency Video Coding (HEVC) video standard, which is also known as MPEGH Part 2 and H.265. HEVC/H.265 is an advanced video compression standard developed through a collaboration between the ITU and ISO/IEC MPEG standard setting organizations.

References

  1. Lampe, R., Moser, P. "Do Patent Pools Encourage Innovation? Evidence from the 19th-Century Sewing Machine Industry" (2009)
  2. "1846 Howe Jr.'s Sewing Machine Patent Model". National Museum of American History. Retrieved 2016-01-13.
  3. 1 2 3 Depew, Chauncey Mitchell (1895-01-01). One Hundred Years of American Commerce. D.O. Haynes.
  4. "The 'Sewing-Machine Combination'" (PDF). Retrieved 13 January 2016.
  5. "How Singer Won the Sewing Machine War". Smithsonian. Retrieved 2016-01-13.
  6. Barnard, Frederick Augustus Porter (1878). Johnson's New Universal Cyclopaedia: S-Z. A. J. Johnson & Son.