Page:Federal Reporter, 1st Series, Volume 10.djvu/930

918 FEDERAL REPORTER. �respeotively provide that circuit courts shall have original jurisdiclion "of all suits at lawor in equity arising under the patent or copyright laws of the United States," and that every patent or any interest therein shall be assigned in law by an instrument in writing ; and the patentee or his assignee, or legal representatives, may, in like manner, grant and convey an exclusive right under his patent to the whole or any speciued part of the United States, etc. �Paul Bakewell, for complainant. �Treat, D. J., (orally.) The parties to this suit are both citizens of the state of Missouri, and the amount of the demand is too small to bring the case within the jurisdiction of this court, even if they were citizens of different states. The mere fact that it is sought to acquire an interest in a patent by legal process, does not make the case one of a suit on a patent, so as to bring it under the provisions. �NOTE. �The incorporeal right secured to an inventer or autlior by letters patent or a cop}'right, issued by the government of the United States, cannot be seized or sold under an execution. Murray v. Agim; (S. G. D. G. Jan. 1881.) 20 0. G. 1310; Stevens v. Gladding, 17 How. 450; Stephens v. Cady, 14 How. 528. Nor will the sale under execution of an instrument or machine, owned by the owner of a copyright or patent, transfer to the purchaser any right to use it in printing or manufacturing the thing copyrighted or patented. Stevens v. Gladding and Stephens v. Oady, supra. But a sale under an execution of a patented machine will transfer the right to use it. Woodsworth v. Curtis, 2 Wood & M. 530. And a patent or copyright will pass as assets to the own- er's assignee in bankruptcy. iTesse v. Stevenson, 3 Bos. & Pul. 565 ; Wias v. Adamson, 8 B. & Aid. 225 ; Coles v. Bairow, 4 Taunt. 754. �As is above stated.neither a patent nor a copyright is the subject of seizure or sale by execution ; but where the owner has no property subject to execu- tion, a court of equity niay compel a sale and assignment of a patent or copy- right for the beneflt of a judgment crediter. It may order a sale, and direct the debtor to assign his interest in the patent or copyright to the purchaser, and, in case of his refusai to do so, raay appoint a trustee with authority to execute the assignment, [Stephens v. Cady and Murray v, Ager, supra;) or, where a receiver of the debtor's property has been appointed, it may compel an assignment to him, and order him to make the sale. Pacifia Bank v. Roh- inson, (S. G. Gai.) 20 O. G. 1314 ; Barnes v. Morgan, 3 Hun. (N. Y.) 703 ; Bames V. Jfor.i/a», 6 Thomp. &C. (N. Y.) 105. Suits to compel the sale and assignment of patents or copyrights are not suits " arising under the patent or copyright laws of the United States," and state courts of equity have jurisdiction of them. Pacifie Bank v. RoMnson, supra. B. F. Rex. ��� �