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National Brake & Electric Co. v. Christensen, 254 U.S. 425 (1921)

National Brake & Electric Company v. Christensen

No. 111

Argued December 10, 1920

Decided January 3, 1921

254 U.S. 425


1. When a patent for an invention has been sustained by the circuit court of appeals and the case has been remanded to the district court for an accounting, a party claiming that a subsequent decree in another circuit should be given effect as res judicata against the patent should apply by petition to the circuit court of appeals for leave to file a bill in the district court in the nature of a bill of review, setting up the new matter as a bar to further proceedings. P. 254 U. S. 429.

2. Such applications are addressed to the sound discretion of the appellate tribunal, and should be decided upon consideration of the materiality of the new matter and diligence in its presentation. P. 254 U. S. 430.

3. Leave to file such a bill of review may be granted after the judgment of the appellate tribunal and after the going down of its mandate at the close of the term at which judgment was rendered. P. 254 U. S. 431.

4. Held that an application made to the circuit court of appeals in this case was an application of that character, and not an application to have the other decree pronounced res judicata by that court. P. 254 U. S. 432.

5. The decision of the circuit court of appeals rejecting such an

Page 254 U. S. 426

application is reviewable in this Court by certiorari, not by appeal, since the application is ancillary to the original jurisdiction over the case as one arising under the patent laws. P. 254 U. S. 432.

268 F. 880 reversed.

The case is stated in the opinion.

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