american well works layne bowler argued decided may david gates plaintiff error paul synnestvedt coke burns moore defendants error justice holmes delivered opinion suit begun state removed motion remand plaintiff dismissed latter ground cause action arose patent laws state jurisdiction therefore one removed none proper certificate case comes direct district course question depends upon plaintiff declaration fair kohler die specialty ed sup may summed words plaintiff alleges owns manufactures sells certain pump applied patent pump known best market alleges defendants falsely maliciously libeled slandered plaintiff title pump stating pump certain parts thereof infringements upon defendant pump certain parts thereof without probable cause brought suits parties using plaintiff pump threatening suits use allegation defendants libel slander repeated slightly varying form comes statements various people plaintiff infringing defendants patent defendant sue seller buyer plaintiff pump used actual damage plaintiff business alleged extent punitive damages amount asked evident claim damages based upon conduct specifically language tending persuade public withdraw custom plaintiff effect damage conduct effect equally actionable whether produces result persuasion threats falsehood moran dunphy mass enough allege prove conduct effect leaving defendant justify conduct complained persuasion may justified fact defendant competitor good faith reasonable grounds statement fact may justified absolutely qualifications proof statement true justifications defenses raise issues part plaintiff case present instance part plaintiff case business damaged whether built patents without matter part prove anything concerning defendants patent plaintiff infringe less prove anything concerning patent material statement complained plaintiff infringes may true notwithstanding plaintiff patent merely piece evidence furthermore damage alleged presumably rather consequence threat sue statement plaintiff pump infringed defendants rights suit damages business caused threat sue patent law suit patent law true damage caused statement fact defendant patent infringed makes defendants act wrong manifest tendency injure plaintiff business wrong whatever means accomplished whether wrong depends upon law state act done upon patent law therefore suit arises law state suit arises law creates cause action fact justification may involve validity infringement patent material question law suit brought action contract state adopted civil proceedings saying old criminal law greater truth greater libel validity patent come question massachusetts truth defense statement made disinterested malevolence rev laws chap state master whole matter saw fit away actions type altogether one imagine suppose still maintained patent laws judgment reversed justice mckenna dissents opinion case involves direct substantial controversy patent laws