Parsons v. Barnard — 7 Johns. 144

Majority

p. 144

Parsons against Barnard.

NEW-YORK,

Nov. 1810

Headnote

The courts of unis state have no jurisdiction in actions brought. for the infringe-rights,°fgranted Stofo^Ttocognisance of such actions belongs to the circuit courts of the United States, if Tcmgremi s Scong! sest o. u. s. 4.)

THIS was an action on the case. The declaration ■ - . 1 stated that the plaintiff, on the 23d Time, 1808, obtained ' rT . , „ . . , _ . a patent Irom the United States, giving him, and his assigns, &c. for 14 years, the exclusive right of making and- vending a certain improvement, for rectifying spirjts and that the defendant, well knowing, &c. did, on 1 _ 07 7 the 14th of August, 1808, without authority, use the . . said improvement, and rectify spirits, &c. to the damage of the plaintiff, &c.

The defendant pleaded,, ¿re propria persona, after imparlance, stating, that the court ought not to take cognisance of the plea, because, by the constitution and laws of the United States, the circuit court of the United States has full cognisance of the plea, and this he is ready to verify, &c.

To this plea there was a' general demurrer and' joinder.

E. Williams, in support of the demurrer.

• Woodward, contra.

The act of congress, of the 17th of April, 1800, (vol. 5. p. 88.) declares, that whenever any patent right shall be infringed, the party offending shall forfeit a sum equal to three times the actual damage sustained, “ which sum shall be recovered by action on the case, ■■ founded on the act, &c. in the circuit court of the United States, having jurisdiction thereof.” The act of congress of 21st February, 1793, (vol. 2. p. 203.) also declares, that, in certain cases, when judgment shall be rendered for the defendant, the patent shall be declared void. As the judicial power of the United States extends to all cases in law and equity, arising under the laws of the United States, and as the act of congress, on the subject of patent rights, has declared that the suit for the infringement of them shall be brought in the circuit court of the United States, and gives the court power, in such cases, to declare the patent void, the state courts have, of course, no jurisdiction in the case; and judgment must be rendered for the defendant. '

Spencer, J. not having heard the argument in the cause, gave no opinion.

Judgment for the defendant,^[1]

(a) (a) In the case of Parsons v. Wigton, on a demurrer to the like plea, there was also judgment for the defendant.