New Marshall Engine Co. v. Marshall Engine Co.

Citations

• 223 U.S. 473
• 32 S. Ct. 238
• 56 L. Ed. 513
• 1912 U.S. LEXIS 2248

Syllabus

<p>The Federal courts have exclusive jurisdiction of all cases arising under the patent laws, but not of all questions in which a pctent may be the subject-matter of the controversy.</p> <p>Courts of a State may try questions of title and construe and enforce contracts relating to patents. Wade v. Lawder, 165 U. S. 624.</p> <p>A suit’, to compel assignment of a patent and to enjoin manufacturing and sale' of articles covered’ thereby, because the patent is an improvement on an earlier one and included in a covenant to convey all such, improvements, is based on general principles of equity, and is within the. jurisdiction of the state court.</p> <p>Where the injunction granted against sale of articles manufactured under a patent is only' an incident to a decree for specific performance of a contract to convey the patent as an improvement of an earlier one, the relief is appropriate, and, if it does not determine questions of infringement, is within the jurisdiction of the state courts.</p>