American Well Works Company v. Layne & Bowler Company

by the Supreme Court of the United States

Supreme Court of the United States

241 U.S. 257

AMERICAN WELL WORKS COMPANY  v.  LAYNE AND BOWLER COMPANY

Error to the District Court of the United States for the Eastern District of Arkansas

No. 376.  Argued: May 5, 1916 --- Decided: May 22, 1916

A suit for damages to business caused by a threat to sue under the patent law is not in itself a suit under the patent law, of which the state court cannot take jurisdiction.

Whether a wrong is committed by one making statements to effect that an article sold by another infringes the former's patent depends upon the law of the State where the act is done and not upon the patent law of the United States; and, in this case held that the state court had jurisdiction of a suit for libel or slander based on such statements.

The facts, which involve the jurisdiction of the District Court, are stated in the opinion.

Mr. David A. Gates, for plaintiff in error, submitted.

Mr. Paul Synnestvedt, with whom Mr. J. M. Moore and Mr. Coke K. Burns were on the brief, for defendants in error.