Venue: |
SCOTUS
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Facts: |
The plaintiff makes a well-regarded pump, and the defendants are said to
have slandered and libeled that pump by claiming that they made
components of it and that the plaintiffs are infringing on the
defendants' patents. |
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Posture: |
Suit in state court. Removed to federal court. |
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Issue: |
Does this suit arise under federal patent law? |
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Holding: |
No. Reversed. |
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Rule: |
A suit arises under the law that creates the cause of action. |
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Reasoning: |
The claim for damages is based upon language that is said to cause
people not to want to be customers, not patents. A suit for
damages caused by a threat to sue under patent law is not itself
a suit under patent law. What makes the defendants' act a wrong
is not a patent-law issue. |
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Dicta: |
This is a state law case, and if the state decided to get rid of this
cause of action altogether, it wouldn't make any sense to think
that the patent laws would allow you to bring it in federal
court. |
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