The Fair v. Kohler Die & Specialty Co.

Citations

• 228 U.S. 22
• 33 S. Ct. 410
• 57 L. Ed. 716
• 1913 U.S. LEXIS 2348

Syllabus

<p>Where plaintiff relies upon infringement of his patent and nothing else, the cause, whether good or bad, is one under the laws pi the United States and the Circuit Court has jurisdiction; and jurisdiction cannot be defeated by matter set up in the answer.</p> <p>The party bringing the suit is master to decide what law he will rely upon.</p> <p>Jurisdiction is authority to decide either way, and, if it exists as an incident to a Federal statutory cause of action, it cannot be defeated by a plea denying the merits.</p> <p>Defendant specially pleading to plaintiff’s bill for infringement of patent by selling below a stipulated price denied .there was any infringement of the patent and set up that the cause was not one arising under the patent laws of the United States and the Federal court had no jurisdiction. The court overruled the plea and, defendant not having answered further, made a decree for plaintiff. In this court .held that the appeal was on the question of jurisdiction alone, and as jurisdiction existed below and rested solely on the patent law, there being no diverse citizenship, the decree must be affirmed.</p>