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Keywords

jurisdictiondamagesstatuteinjunctionappealpatentcorporation

jurisdictiondamagesstatuteinjunctionpatentcorporation

Related Cases

Stiller v. Hardman, 324 F.2d 626

Facts

Stiller sought to register a judgment against Squeez-A-Purse Corporation, which was awarded in a patent infringement suit in Ohio. The judgment declared Stiller's patent valid, awarded him $47,000 in damages, and included an injunction against further infringement by Squeez-A-Purse. The New York district courts permitted the registration of the entire judgment but refused to enforce the injunctive portion, prompting the parties to appeal.

Stiller sought to register 1 in the Southern and Eastern districts of New York a judgment recovered against Squeez-A-Purse Corporation in a patent infringement suit in the Northern District of Ohio. The judgment sought to be registered and enforced in these proceedings held Stiller's patent valid and infringed and awarded him damages in the amount of $47,000 and an injunction enjoining Squeez-A-Purse Corporation, its officers, agents and privies from further infringement.

Issue

Whether the injunctive portion of a judgment can be enforced after being registered in a different district, given that the registration statute only authorizes the registration of judgments for the recovery of money or property.

Rule

Under 28 U.S.C. § 1963, only judgments in actions for the recovery of money or property may be registered in another district, and injunctions are not included in this provision.

The registration statute, 28 U.S.C. § 1963 (1958), authorizes the registration only of ‘(a) judgment in an action for the recovery of money or property.’

Analysis

The court determined that while the entire Ohio judgment was nominally registrable in New York, the injunctive portion was not enforceable. The court reasoned that the statute's language specifically excludes injunctions from registration, as the enforcement of such orders is already within the jurisdiction of the court that issued them. The court emphasized that the nature of the judgment, rather than the form of the action, dictates its registrability.

Conclusion

The court affirmed the decisions of the lower courts, allowing the registration of the Ohio judgment and permitting enforcement of the damages awarded, but denying enforcement of the injunctive portion.

Thus, if the Ohio court had only issued an injunction order its judgment order would not have been registrable, but inasmuch as the Ohio judgment contained, together with an injunction order, an award for damages, the entire Ohio judgment is nominally registrable but the injunctive portion thereof is not enforceable.

Who won?

Stiller prevailed in the case as the court upheld the registration of the judgment and the award for damages, but the injunctive portion was not enforceable.

Stiller sought to register a judgment against Squeez-A-Purse Corporation, which was awarded in a patent infringement suit in Ohio.

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