108 F. 842 | 5th Cir. | 1901
This is an action at law for damages for the infringement of a patent. The petition discloses that Wilder S. Shaw, the plaintiff, is a citizen of Texas, and that the American Tobacco Company, the defendant, is a corporation chartered under the laws of New Jersey, and that it is doing business in the state of Texas, having its principal office and agent in Dallas county. It is alleged that on January 18, 1898, the plaintiff obtained letters patent for a new and useful snuff package, the letters patent being numbered 597,'623.. The purposes of the patent are fully stated in the petition. It is alleged that the defendant corporation entered into negotiations with the'plaintiff for the purchase of the patent, and in that way obtained a full description of the patented package, and, instead of offering to purchase the patent, the defendant "went immediately to work to put its goods on the market in plaintiff’s said package, and from September, 1898, until the filing of this petition, has continuously used same, over plaintiff’s protest, and in defiance of his rights finder said letters patent, to plaintiff’s actual damage in the sum of fifteen thóusánd dollars.” The petition contains, also,' special alie-
“And, it apjteamig’ that this court is without jurisdiction to hoar and determine this cause, it is further ordered that this cause he dismissed for want of jurisdiction, and that the defendant go hence without day, and have and recover of the plaintiff all costs in this behalf incurred, for which let execution issue.”
The record shows that the plaintiff excepted to these orders in open court, and gave “notice of appeal, and at plaintiff’s request the amount of the bond is fixed by the court at $200.” On July 6, 1900, the following hill of exceptions was filed:
“Beit remembered that, on the trial of the above-entitled canse, defendant demurred to plaintiff’s petition on the ground that it did not allege facts sufficient to give this court jurisdiction; it nowhere appearing that plaintiff was a citizen of the state of Texas, and Northern district, nor that the alleged infringement of patent occurred in said Northern district of Texas. On hearing the argument of counsel, the court sustained said demurrer, whereupon plaintiff’s counsel asked leave to file an amended petition setting up said facts, which motion to so amend was overruled by the court, to. which action of the court in refusing plaintiff leave to amend plaintiff then and there excepted, and files this, his hill of exceptions, and, asks that the same be allowed and made a part of the records in said cause.
“W. A. Kemp, Attorney for plaintiff.”’
“This bill is given with (he following qualifications: Plaintiff asked leave to amend on this the 0th day of July, 1900, after Hie court had ruled on the motion on the 2d day of July. 1900, sustaining the same and dismissing the cause for want of jurisdiction, to which ruling of the court plaintiff excepted and gave notice of appeal in open court, and asked the court to fix the amount of the appeal bond, which hy the court was fixed at ,$200; and the parties were preparing the bills of exception to the rulings of the court, and, during the controversy between counsel as to the contents of the bill, plaintiff asked leave to amend his petition as above.
“Edward 11. Meek, Judge.”
The errors assigned all relate either to the setting aside of the service of process on Baldwin, or to the dismissal of the suit. It will only be necessary to consider those relating to the dismissal of the suit; for, if the case was properly dismissed for want of jurisdiction appearing on the face of the petition, the judgment of the court setting aside ihe service is immaterial.
In suits for the infringement of letters patent, the circuit courts of the United States have jurisdiction in law and in equity, without regard to the citizenship of the parlies to the suit. In such cases the courts have jurisdiction because of the subject-matter of the suit. The act of March 3, .1897 (29 irtat. (>05), defines the jurisdiction of the
An act defining the jurisdiction of the United States circuit courts in cases brought for the infringement of letters patent.
Be it enacted, etc., that in suits brought for the infringement of letters ■patent the circuit courts of the United States shall have jurisdiction, in law ■or in equity, in the district of which the defendant is an inhabitant, or in :any district in wheh the defendant, whether a person, partnership, or corporation, shall have committed acts of infringement and have a regular and ■established place of business. If such suit is brought in a district of which the defendant is not an inhabitant, but in which such defendant has a regular and established place of business, service of process, summons, or subpoena upon the defendant may be made by service upon the agent or agents engaged in conducting such business in the district in which suit is brought. Act March 3, 1897 (29 Stat. 695).