Page:Federal Reporter, 1st Series, Volume 8.djvu/721

LIUBNTHAL V. WA.SHBUEN. WiC �LiLiENTHAii and others v. Wabhbuen. �{Oireuit Court, E. D. LouiHana. 1881.) �l Patbkt— Bnji IN Equity — Plea to JuBiaDicrioN. ; ^ �T6 a bill in equity for inf ringement of letters patent, and by its swpr». fl.Uega- tions fully vesting the court with jurisdiction, a sworn plea by the respondent, admitting the Validity and infringement of the patents, but denying the juris- diction, alleging a right to use the patented processes under a contract -emanat- ing from the ohly complainant in interest, and that such complainant is a citizen of the same state with himself « in the absence of further proof, held, imuffldent. % PiiBA— Evidence— Admissibilitt cf. �Ex parte affidavits introduced without notice to complainant^ or withoiit ■ tender of affltmt for cross-examination, and -writings under private signature unauthenticated, are inadmissible upon the hearing of such plea. �In Equity. Suit on patent an4 for injunction. �Pabdeb, C. J. Joseph Wilson Swan, of Newcastle-on-Tynej Eng' land ; Claude L. Lambert, of Paris, France ; and Theodore Lilien- thal, of the city of New Orleans, bring their bill of complaint againat William W. Washburn, a resident .of the district of Louisiana, set- ting forth, among other things, their ownership, of certain patented processes for printing photographs, the value and novelty of these inventions, and allege that the respondent, Washburn, is infringing on their patent-rights. The complainants pray for an injunction pendente lite, and an account and damages, and a perpetuai injunc- tion. On notice and hearing, the temporary injunction was allowed and issued. �March 1, 1880, the defendant filed a plea, substantially as fol- lows: �That as to the alleged rights of the co-complainanta of Theodore Lllienthal in the averred patents, and their sale thereof to said Lllienthal, as averred, and the validity, use, and effeots of said averred patents, this defendant makes no contest, but he maintains that he has rights under contract in the use of said patents; that said contract emanates from said Theodore Lllienthal, one of the complainants herein, under date of fourth of January, 1879, to B. & G, Moses and their successors, and by said B. & G. Moses to this defendant, as their successor, on the twenty-third day of July, 1879, on file herein; that the co-complainants of said Theodore Lilienthal have no interest therein ; that said Theodore Lilienthal was and is a citizen of the.stateof Louisiana when the bill of complaint herein was filed; and tins defendant, is and was atthe same time a citizen of said state of Louisiana, and this court is not the proper court to take cognizance of the averred rights of Theodore Lilienthal and has no jurisdiction in the premises. �To this plea complainants, on the tenth of. Majreh, 1880, filed a replication. . . ! ��� �