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SCHNELL V. PETER ECKRICH & SONS, INC., 365 U. S. 260 (1961)

U.S. Supreme Court

Schnell v. Peter Eckrich & Sons, Inc., 365 U.S. 260 (1961)

Schnell v. Peter Eckrich & Sons, Inc.

No. 219

Argued January 11, 1961

Decided February 20, 1961

365 U.S. 260


In this patent infringement suit in a Federal District Court in Indiana, an Illinois manufacturer which had no place of business in Indiana was named as a party defendant after it had openly assumed and controlled the defense of its customer, an Indiana corporation which had used the patented device in Indiana.

Held: by so doing, the Illinois manufacturer did not, as a matter of law, subject itself to the jurisdiction of the Court in Indiana or waive the statutory venue requirements of 28 U.S.C. § 1400(b). Pp. 365 U. S. 260-264.

279 F.2d 594, affirmed.

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