1979

USCA

Mannington Mills Inc v Congoleums Corporation 595 F2nd 1287 (1979)

American manufacturer of floor covering brought antitrust action against second American manufacturer alleging that foreign patents were secured by second manufacturer by fraud, which if perpetrated in securing domestic patent would lead to antitrust liability, and seeking damages and injunctive relief

1. where two American litigants were contesting alleged antitrust activity abroad which resulted in harm to export business of one of them, federal court had subject matter jurisdiction 2. mere issuance of patents by foreign power did not constitute either act of state or foreign government compulsion, and thus such defences were not available 3. where foreign nations are involved foreign policy, reciprocity, comity, and limitations of judicial power are considerations that should have a bearing on the decision to exercise or decline jurisdiction