Judgments and decrees of the circuit court of appeals in all
cases arising under the patent laws and under the criminal laws are
made final by section six of the Judiciary Act of March 3, 1591,
and cannot be brought from that court to this by appeal or writ of
error. And even if a constitutional question so arises in the
circuit court that a party may bring his case directly to this
Court under section five of that act, yet if he does not do so, but
carries his case to the circuit court of appeals, he must abide by
the judgment of that court.
The case is stated in the opinion of the Court.
MR. CHIEF JUSTICE FULLER delivered the opinion of the Court.
The Acme Flexible Clasp Company brought suit in the Circuit
Court of the United States for the Southern District of
Page 187 U. S. 428
New York against the Cary Manufacturing Company for alleged
infringement of letters patent No. 314,204, granted to W. O. Swett,
March 17, 1885, for a staple fastener for wooden vessels, which
went to a decree sustaining the validity of the patent and
adjudging the Cary Manufacturing Company to have infringed it. 96
F. 344. Defendant appealed to the Circuit Court of Appeals for the
Second Circuit, and the decree was affirmed. 101 F. 269.
Proceedings in contempt were subsequently commenced by the Acme
company to punish the alleged violation of the injunction issued
under the decree, and the circuit court imposed a fine of $2,000
for contempt, to be paid to the clerk of the court, one-half of the
sum to be paid to the Acme company and one-half to be paid to the
United States. The Cary company sued out a writ of error from the
circuit court of appeals to review this judgment, and the judgment
was affirmed. 108 F. 873. Thereupon this writ of error was
allowed.
It is apparent that the writ of error cannot be maintained, as
the judgment of the circuit court of appeals was final. Judgments
and decrees of those courts in all cases arising under the patent
laws and under the criminal laws are made final by section 6 of the
Judiciary Act of March 3, 1891. Although it is insisted that the
judgment imposing the fine was a final judgment in a criminal
matter, it is argued that it involved the denial of constitutional
rights, and hence that this Court has jurisdiction under section 5
of that act; but it is settled that, even if a party might be
entitled to come directly to this Court under that section, yet if
he does not do so, and carries his case to the circuit court of
appeals, he must abide by the judgment of that court.
Robinson
v. Caldwell, 165 U. S. 359;
American Sugar Refining Company v. New Orleans,
181 U. S. 277;
Huguley Manufacturing Company v. Galeton Cotton Mills,
184 U. S. 290;
Ayres v. Polsdorfer, p.
187 U. S. 585,
post.
Writ of error dismissed.