Birdsall v. American Sales Book Co.

Order modified by granting defendant’s motion so as to strike out paragraph XII of the amended complaint as irrelevant and prejudicial, and as so modified affirmed, without costs. We think this paragraph attempts to state a cause of action for infringement of patent, of which the Federal courts have exclusive jurisdiction. (Continental Store Service Co. v. Clark, 100 N. Y. 365 ; Comerma Co. v. Comerma, 182 App. Div. 576 .) Blackmar, P. J., Rich, Kelly, Jaycox and Young, JJ., concur.