The right given by the acts of February 18th, 1861, and July 20th, 1870, of appeal or writ of error without regard to the sum in controversy in questions arising under laws of the United States, granting or conferring to authors or inventors the exclusive right to their inventions or discoveries, applies to controversies between a patentee or author and alleged infringer as well as to those between rival patentees.
MOTION to dismiss an appeal from the Supreme Court of the District of Columbia.
The Judiciary Act of 1789, as is known, gives jurisdiction to this court in ordinary cases only "where the matter in dispute exceeds the sum or value of $2000."
The Patent Act of February 18th, 1861, provides that
Page 185 12 Stat. at Large, 130.
"From all judgments and decrees of any Circuit Court, rendered in any action, suit, controversy, or case at law or in equity, arising under any law of the United States granting or confirming to authors the exclusive right to their respective writings, or to inventors the exclusive right to their inventions or discoveries, a writ of error or appeal, as the case may require, shall lie, at the instance of either party, to the Supreme Court of the United States, in the same manner and under the same circumstances as is now provided by law in other judgments and decrees of such Circuit Courts, without regard to the sum or value in controversy in the action."
In this state of the statutory law, one Nock, inventor of locks, sued Philip Solomon as infringers. He laid his damages at $5000 and got judgment for $500. To this Philip Solomon took a writ of error.
After this, that is to say, July 20th, 1870, Congress passed another act,fn_ thus:
"A writ of error or appeal to the Supreme Court of the United States shall lie from all judgments and decrees of any Circuit Court, or of any District Court exercising the jurisdiction of a Circuit Court, or of the Supreme Court of the District of Columbia or of any Territory, in any action, suit, controversy, or case, at law or in equity, touching patent rights, in the same manner and under the same circumstances as in other judgments and decrees of such Circuit Courts, without regard to the sum or value in controversy."
The CHIEF JUSTICE delivered the opinion of the court.
The patent law of February, 1861, gives to parties to suits arising under any law of the United States giving to inventors the exclusive right to their inventions or discoveries, a writ of error or appeal to the Supreme Court of the United States without regard to the sum in controversy. The act of 1870 does not alter the right of appeal or to a writ of error in this respect.
The motion to dismiss must, therefore, be
DENIED.