Streat v. American Rubber Co.

Citations

• 115 F. 634
• 1902 U.S. App. LEXIS 4956

Syllabus

<p>1. Patents — Suit for Infringement — Mode of Presenting Jurisdictional Questions.</p> <p>In a suit against a corporation of another state for infringement of a patent, the question whether it has been shown that the article complained of, conceding it to be an infringement, was sold by defendant within the district, so as to give the court jurisdiction, may properly be presented by a motion to dismiss made at the close of plaintiff’s proofs.</p> <p>2. Same — Admissions in Pleading.</p> <p>An undenied allegation, in a bill for infringement against a nonresident corporation, that defendant “has a regular and established place of business” within the district, relates to the date of the suit, and establishes such fact for jurisdictional purposes.</p>