Schnell v. Peter Eckrich & Sons, Inc., 365 U.S. 260 (1961)

Schnell v. Peter Eckrich & Sons, Inc.


No. 219


Argued January 11, 1961
Decided February 20, 1961
365 U.S. 260

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

In this patent infringement suit in a Federal District Court in Indiana, an Illinois manufacturer which had no place of business in Indiana was named as a party defendant after it had openly assumed and controlled the defense of its customer, an Indiana corporation which had used the patented device in Indiana.

Held: by so doing, the Illinois manufacturer did not, as a matter of law, subject itself to the jurisdiction of the Court in Indiana or waive the statutory venue requirements of 28 U.S.C. § 1400(b). Pp. 260-264.

279 F.2d 594, affirmed.