DocketNumber: No. 3954-49
Citation Numbers: 91 F. Supp. 173
Judges: Matthews
Filed Date: 4/4/1950
Status: Precedential
Modified Date: 11/26/2022
This is an action under Section 9(a)
The pertinent provisions of Section 33
The important question to determine is: Does the two year limitation on the institution of the action run from the time of vesting order No. 152 when the patent was seized or from the time of vesting order No. 10658 when the rights of Siemens & Halske in the contract were seized? If the time runs from the date of the vesting of the patent the action is barred. On the other hand, if the time runs from the date of the vesting of the rights of Siemens & Halske in the contract the action would not be barred.
In determining this question it is important to consider what is the “property or interest in respect of which relief is sought.” The Complaint reads: “This is an action for the recovery of United States Letters Patent No. 1,986,585.” When seized by the Alien Property Custodian in 1942 the record title to the patent was in the German Corporation. Plaintiff’s interest in the patent at that time appears to be an equitable one. Walker on Patents says on page 1434, section 354: “An equitable title accrues to an inventor when a patent is granted to his assignee, in pursuance of an assignment, which was accompanied by a contract providing that the assignee should pay to the inventor all or some portion of the proceeds of the patent.”
Obviously what plaintiff is attempting to recover by this action is the legal title which was vested in the defendant in September 1942. No property or interest of the plaintiff was vested under the 1948 vesting order as by its terms that order was limited to the rights and interests of Siemens & Halske under the 1930 agreement.
Since the instant action was not filed within two years after the 1942 order vesting the patent nor on or before April 30, 1949, it is barred under section 33 of the Trading with the Enemy Act and this Court is without jurisdiction to entertain the action.
The defendant’s Motion for summary judgment will be granted.
. 50 U.S.C.A. War, Appendix, § 9(a).
. 50 U.S.C.A War Appendix, § 33, as amended.
. This claim was timely filed, and is still pending.
. 50 U.S.C.A. War, Appendix, § 33, as amended.