Samuel Blatchford

“ Tilghman, supra, the headnote of the report is that 'a suit between citizens of the same state cannot be sustained in the circuit court, as arising under the patent laws of the United States, when the defendant admits the validity and his use of the plaintiff's letters patent, and a subsisting contract is shown governing the rights of the parties in the use of the invention.' But, in the case now before the court, the circuit court did not find that there was a subsisting, valid contract governing the rights of the defendants in the use of the invention. ”

“ The case stated by the bill arises on the patents. There is no suggestion in the bill that there was ever any contract or agreement, or attempt to make one, between the plaintiff and the defendant Thompson, or that either the plaintiff or the defendants claim anything under any contract. The averment in the bill that the defendants have made, used, and sold machines containing the patented inventions, without the license of the plaintiff and without any right so to do, cannot be regarded as raising any question on any alleged license or contract. ”

“ We are of opinion that the decree of the circuit court must be reversed. That decree was that the bill of complaint be dismissed for want of jurisdiction. The jurisdiction is clear on the face of the bill. ”