Smith Welding Equipment Corp. v. Pearl

WILLSON, District Judge.

In its Complaint, filed December 28, 1956, plaintiff charged defendants with the infringement of two patents. Plaintiff invoked the jurisdiction of the court under the patent laws and under Title 28, Sections 1331,1332 and 1338, alleging diversity of citizenship and a controversy involving an amount in excess of $3,000. On January 14, 1957, plaintiff amended the complaint to add to the complaint a third patent, covering an invention for a torch tip mounting.

In the Complaint, plaintiff’s articles are described as “torches,” and “cutting and welding torches,” but it…