Marlatt v. Mergenthaler Linotype Co.

WEINBERGER, District Jfidge.

On May 22, 1945, plaintiff filed his complaint herein, alleging that defendant had been and was infringing plaintiff’s letters patent by making, selling and shipping into this District and using, typographical machines and linotype machines embodying the patented invention of plaintiff. By said complaint, plaintiff prayed for injunctive relief and for an accounting for profits and for damages.

On September 12, 1945, defendant filed a motion to dismiss for lack of jurisdiction on the ground that the defendant is not an inhabitant of the Southern District of…