Sperry Gyroscope Co. v. Arma Engineering Co., 271 U.S. 232 (1926)

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Sperry Gyroscope Company v. Arma Engineering Company

No. 239

Argued April 15, 1926
Decided May 24, 1926
271 U.S. 232

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NEW YORK

Syllabus

In a suit in the district court against a private party for infringements of a patent, alleged to have been committed and to be threatened by manufacture of the patented articles for, and their sale to, the United States, the question whether the plaintiff’s remedy is confined by the Act of July 1, 1918, to a suit against the United States in the Court of Claims goes to the merits, and is not a ground for dismissing the bill for want of jurisdiction. P. 234.

Reversed.

Appeal from a decree of the district court in a patent infringement suit, dismissing the bill for want of jurisdiction.