Grip Nut Co. v. Sharp

KERNER, Circuit Judge.

This appeal is from the dismissal for lack of jurisdiction of appellant’s complaint for a declaratory judgment and for ancillary relief in a controversy allegedly rising under the patent laws of the United States. We have not had the benefit of a brief on behalf of the appellee.

Diversity of citizenship is lacking. Plaintiff is an Illinois corporation with its principal place of business at Chicago, Illinois, and defendant is a citizen and resident of Chicago, Illinois. Necessarily, federal jurisdiction fails if this cause does not rise under the patent laws.

The complaint…