AMERICAN WELL WORKS CO. V. LAYNE & BOWLER CO., 241 U. S. 257 (1916)

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U.S. Supreme Court

American Well Works Co. v. Layne & Bowler Co., 241 U.S. 257 (1916)

American Well Works Company v.

Layne & Bowler Company

No. 376

Argued May 5, 1916

Decided May 22, 1916

241 U.S. 257

Syllabus

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.

Page 241 U. S. 258

The facts, which involve the jurisdiction of the district court, are stated in the opinion.