|
|
Luckett v. Delpark, Inc., 270 U.S. 496 (1926)
Contents:
Show Summary
Hide Summary
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.
Luckett v. Delpark, Inc., 270 U.S. 496 (1926)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 270 U.S. 476, click here.
Luckett v. Delpark, Inc. No. 220 Argued March 16 1926 Decided April 12, 1926 270 U.S. 496
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
Syllabus
1. A suit is within the jurisdiction of the district court, as arising under the patent laws, where the bill seeks an injunction against infringement, with profits and damages, even though it contain averments in denial of an anticipated defense of license or authority to use the patent. Hartell v. Tilghman, 99 U.S. 547, qualified. P. 510.
2. But where the main purpose of the bill is to recover royalties under a license or assignment, or damages for breach of covenants, or for specific performance thereof, or to declare a forfeiture of licenses or obtain a reconveyance of an assigned patent for breach of conditions, additional averments of danger that the patent will be infringed after the title has been so restored, coupled with a prayer for an injunction, do not bring the case within the federal jurisdiction. Wilson v. Sandford, 10 How. 99. Pp. 502, 510.
Affirmed.
Appeal from a decree of the district court dismissing the bill for want of jurisdiction in a suit by Luckett, a patent owner, for an accounting and damages under license agreements, for cancellation of the agreements, injunction against future infringement of the patents, etc.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Luckett v. Delpark, Inc., 270 U.S. 496 (1926) in 270 U.S. 496 270 U.S. 497–270 U.S. 498. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=MUVEGM77ECG1WKG.
MLA: U.S. Supreme Court. "Syllabus." Luckett v. Delpark, Inc., 270 U.S. 496 (1926), in 270 U.S. 496, pp. 270 U.S. 497–270 U.S. 498. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MUVEGM77ECG1WKG.
Harvard: U.S. Supreme Court, 'Syllabus' in Luckett v. Delpark, Inc., 270 U.S. 496 (1926). cited in 1926, 270 U.S. 496, pp.270 U.S. 497–270 U.S. 498. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=MUVEGM77ECG1WKG.
|