Burke v. Pittway Corp.

Plaintiffs brought this action in the circuit court of Cook County seeking to recover damages resulting from defendant Pittway’s failure to perform an agreement entered into by the parties. The trial court granted Pittway’s motion to dismiss the complaint on the ground that the case arose under Federal patent law and, therefore, was within the exclusive jurisdiction of the Federal court. Plaintiff appeals contending that the action is within the subject matter jurisdiction of the State court.

BRK Electronics Incorporated was an Illinois corporation engaged in the development, manufacture, and…