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General Electric Co. v. Marvel Rare Metals Co., 287 U.S. 430 (1932)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
General Electric Co. v. Marvel Rare Metals Co., 287 U.S. 430 (1932)
General Electric Co. v. Marvel Rare Metals Co. No. 57 Argued November 17, 1932 Decided December 12, 1932 287 U.S. 430
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
1. In a suit in the district court for infringement of patents, an order granting a motion to dismiss, for want of jurisdiction, a counterclaim alleging infringement by plaintiffs of a patent of the defendants and praying for an injunction and an accounting held an interlocutory order refusing an injunction, and appealable to the Circuit Court of Appeals under Judicial Code, § 129; U.S.C. Tit. 28, § 227. P. 432.
2. Section 48 of the Judicial Code (U.S.C. Tit. 28, § 227) relates to venue, and the privilege conferred by it upon defendants in patent cases, in respect of the places in which suits may be maintained against them, may be waived. P. 434.
3. In a suit in the district court for infringement of patents, a counterclaim alleging infringement by plaintiffs of a patent of the defendants and praying for an injunction and accounting may be maintained against the plaintiffs (Equity Rule 30) though it does not contain allegations showing that plaintiffs are inhabitants of, or committed acts of infringement and have a regular place of business within, the district in which they commenced their suit. Section 48 of the Judicial Code (U.S.C. Tit. 28, § 227) does not prevent. P. 435.
56 F.2d 823 affirmed.
Certiorari, 286 U.S. 541, to review a judgment which, upon appeal from an order dismissing a counterclaim in a suit brought by the petitioners for patent infringement, denied a motion to dismiss the appeal and reversed the order.
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Chicago: U.S. Supreme Court, "Syllabus," General Electric Co. v. Marvel Rare Metals Co., 287 U.S. 430 (1932) in 287 U.S. 430 287 U.S. 431. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=9NMALZN323FWNSW.
MLA: U.S. Supreme Court. "Syllabus." General Electric Co. v. Marvel Rare Metals Co., 287 U.S. 430 (1932), in 287 U.S. 430, page 287 U.S. 431. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=9NMALZN323FWNSW.
Harvard: U.S. Supreme Court, 'Syllabus' in General Electric Co. v. Marvel Rare Metals Co., 287 U.S. 430 (1932). cited in 1932, 287 U.S. 430, pp.287 U.S. 431. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=9NMALZN323FWNSW.
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