
    William E. Whitehead & another vs. Richard Kitson.
    Middlesex.
    January 17. — 22, 1876.
    Colt & Endicott, JJ., absent.
    This court has no jurisdiction in equity of a bill by the patentee of an invention foi an injunction against a person falsely representing that the plaintiff’s patent infringes upon a patent owned by himself, and thereby deterring others from purchasing the plaintiff’s invention.
    Bill in equity alleging that the plaintiffs held lettérs patent of the United States for a new and useful improvement in 66 feeding mechanisms for cotton-openers,” which the plaintiff Whitehead was the inventor of and had assigned his right in to himself and the other plaintiff jointly; that the plaintiffs proceeded to manufacture this invention and to introduce it into public use, and expended much time and money in so doing; that the defendant, his attorneys, servants and agents, falsely represented to sundry persons who would be likely to buy the plaintiffs’ invention, that the plaintiffs’ patent interfered with a patent owned by the defendant, and that the plaintiffs could not make, vend or use their improved mechanism without infringing the defendant’s patent, and that all persons who should use it would become liable to the defendant as infringers of his patent; and that by these false representations many persons were deterred from purchasing said improved, mechanism. The bill prayed for discovery, injunction and further relief.
    The defendant demurred for want of equity. Wells, J., sustained the demurrer, and the plaintiff appealed.
    
      D. H. Rice, for the defendant.
    
      F. T. Greenhalge, for the plaintiffs.
   By the Court.

The case stated in the bill is not within the jurisdiction of a court of equity. Boston Diatite Co. v. Florence Manufacturing Co. 114 Mass. 69. Prudential Assurance Co. v Knott, L. R. 10 Ch. 142.

Bemurrer sustained, and bill dismissed.  