Geneva Furniture Manufacturing Company v. Karpen Brothers

Citation59 L.Ed. 1295,238 U.S. 254,35 S.Ct. 788
Decision Date14 June 1915
Docket NumberNo. 496,496
PartiesGENEVA FURNITURE MANUFACTURING COMPANY, Appt., v. S. KARPEN & BROTHERS et al
CourtUnited States Supreme Court

Messrs. Thomas A. Banning and Samuel Walker Banning for appellant.

Messrs. Levy Mayer, Isaac H. Mayer, John H. Lee, and Philip C. Dyrenforth for appellees.

[Argument of Counsel from pages 255-256 intentionally omitted] Mr. Justice Van Devanter delivered the opinion of the court:

This is a direct appeal under Judicial Code, § 238 [36 Stat. at L. 1157, chap. 231, Comp. Stat. 1913, § 1215], from a decree dismissing a suit in equity for want of jurisdiction, the question for decision being whether the bill presents a case arising under the patent laws; that is, a case asserting some right or privilege under those laws which will be sustained by one construction of them or defeated by another. Althought not a model of good pleading, the bill plainly shows, when all of its is considered, that it is intended to charge the defendants (a) with contributing to the infringement of letters patent belonging to the plaintiff by wrongfully inducing and persuading designated licensees of the plaintiff to make, use, and sell devices embodying the inventions of the patents in circumstances not authorized or permitted by their licenses; (b) with wrongfully procuring such licensees to violate their license contracts in designated particulars, some of which have no bearing on the charge of infringement; and (c) with refusing to perform stipulations whereby the defendants agreed to assign to the plaintiff certain other letters patent. The prayer is for an injunction and accounting in respect of the contributory infringement, for an injunction and damages in respect of the procured breach of the licensees' contractual obligations, and for the specific performance of the stipulations to assign the other letters patent. The plaintiff is described as a New York corporation, one of the defendants as a West Virginia corporation, another as an Illinois corporation, and the third as an individual citizen of the latter state. The West Virginia company is alledged to have a regular and established place of business in the northern district of illinois, and the acts of infringement and contributory infringement are charged to have been committed in that district. Then there is an allegation that the suit is one 'arising under the patent laws of the United States, and also between citizens of different states,' and that the amount in controversy exceeds $3,000, exclusive of interest and costs.

If the suit be one arising under the patent laws the district court undoubtedly had jurisdiction,—Judicial Code, § 24, ¶7 and §§ 48 and 256 [36 Stat. at L. 1092, 1100, 1160, chap. 231, Comp. Stat. 1913, §§ 991 (7), 1030, 1233]; but if it be not such a suit, that court was obviously without jurisdiction as respects the West Virginia company, unless it chose to waive its privilege of being sued only in the district of its residence or that of the plaintiff. § 51. Appearing specially, that company objected that the suit was not one arising under the patent laws, and insisted upon its personal privilege. The objection was sustained. The other defendants, likewise appearing specially, objected that the suit did not arise under the patent laws, and could not proceed without the presence of the West Virginia company because it was an indispensable party. This objection also was sustained, and the bill was then dismissed, the decree reciting that the dismissal was for want of jurisdiction.

We think the bill plainly rests the first branch of the suit, that relating to the alleged contributory infringement of the plaintiff's patents, upon the patent laws, and asserts in effect, if not in exact words, that the infringing acts charged against the defendants constitute an invasion of the plaintiff's exclusive rights under those laws and entitle it to relief thereunder by injunction and a recovery of profits and damages. And we think it cannot be said of this branch...

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  • Huston v. City of Des Moines
    • United States
    • United States State Supreme Court of Iowa
    • March 11, 1916
    ...of Charleston, 62 W. Va. 665, 59 S. E. 623, 13 L. R. A. (N. S.) 737, 125 Am. St. Rep. 990, 13 Ann. Cas. 1185;Geneva v. Karpen, 238 U. S. 254, 35 Sup. Ct. 788, 59 L. Ed. 1295; Ex parte Young, 209 U. S. 123, 28 Sup. Ct. 441, 52 L. Ed. 714, 13 L. R. A. (N. S.) 933, 14 Ann. Cas. 764, and cases ......
  • Reid v. Indep. Union of All Workers, 31192.
    • United States
    • Supreme Court of Minnesota (US)
    • September 24, 1937
    ...To the same effect: Fair v. Kohler Die & S. Co., 228 U.S. 22, 33 S.Ct. 410, 57 L.Ed. 716;Geneva Furniture Mfg. Co. v. Karpen & Bros., 238 U.S. 254, 35 S.Ct. 788, 59 L.Ed. 1295;Turner v. Cotton, 123 Ark. 40, 184 S.W. 415;Lake Shore, etc. R. Co. v. Clough, 182 Ind. 178, 104 N.E. 975,105 N.E. ......
  • Reid v. Independent Union of All Workers, 31192.
    • United States
    • Supreme Court of Minnesota (US)
    • September 24, 1937
    ...of law." To the same effect: Fair v. Kohler Die & S. Co., 228 U.S. 22, 33 S.Ct. 410, 57 L.Ed. 716; Geneva Furniture Mfg. Co. v. Karpen & Bros., 238 U.S. 254, 35 S.Ct. 788, 59 L.Ed. 1295; Turner v. Cotton, 123 Ark. 40, 184 S.W. 415; Lake Shore, etc. R. Co. v. Clough, 182 Ind. 178, 104 N.E. 9......
  • Kleinman v. Betty Dain Creations
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • May 17, 1951
    ...12 A. L.R.2d 695, 701; cf. United Lens Corp. v. Doray Lamp Co., 7 Cir., 93 F.2d 969. 4 See e. g., Geneva Furniture Mfg. Co. v. S. Karpen & Bros., 238 U.S. 254, 259, 35 S.Ct. 788, 59 L.Ed. 1295; Zalkind v. Scheinman, supra, n. 1, 139 F.2d at page 902; Schulman and Jaegerman, Some Jurisdictio......
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