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2contradiction
| Stephen is the person that has visited everyone, Stephen has visited Tyler
Stephen didn't visit Ben | This example is not_contradiction. | clcd-english |
0entailment
| thing?
clambake | This example is True. | twentyquestions |
2contradiction
| Even in a bad film, there is usually some redeeming feature, something that you can say yes it was terrible, but there was that performance, or that part of the script, or that special effect, this was just simply wonderful all over. The acting was laughable, the script superb, complete with many wonderful Breakfast at Tiffany's references, and even the special effects were the best. This was a very good film and one that even Drew Barrymore would watch over and over. Watch it if you want to: a) Suffer abdominal pain from laughing so hard. b) See just how wonderful a film can be. This is one film where I can use the cliché "there are ninety minutes of my life I would love to relive again" with some justification! | This example is Negative. | counterfactually-augmented-imdb |
0entailment
| is windows movie maker part of mac? | This example is False. | boolq-natural-perturbations |
0entailment
| the stormans defended #unborn babies . will you defend the stormans ? find out how you can help today ! ! #prolife | This example is not_hate. | implicit-hate-stg1 |
0entailment
| The bald eagle is slow. The bald eagle is lazy. The lion is big. The lion is fierce. The bald eagle needs the squirrel. The lion chases the mouse. The squirrel is kind. The mouse is kind. The mouse is beautiful. The mouse is cute. If something is not kind then it visits the squirrel. If something visits the squirrel then it is sleepy. If something is not round then it is big. If something is not heavy then it is small. If something is beautiful then it is cute. If something is cute and not strong then it is lovely. If something is big and not round then it is awful. If something is slow and lazy then it is strong. If something is strong and not cute then it is fierce. If something is small then it is furry. All furry animals are quiet. All lovely animals are nice. All awful animals are horrible. All fierce animals are heavy. All sleepy animals are dull.
The mouse is nice. | This example is True. | PARARULE-Plus |
0entailment
| The purpose of this study is to develop a model that predicts consumer choice.
A model will be developed to predict consumer choice. | This example is True. | ambient |
2contradiction
| Generally, coughs should have a shortness; colds/ congestion; shortwave,wheeeze symptoms; fever, respiratory | This example is True. | I2D2 |
2contradiction
| When a baby is conceived, a new organism is created. This organism is in its first stages to becoming a human being. It is no less than murder to terminate this organism, especially after weeks or months of it growing. Millions of innocent lives have been taken in America in the last 40 years. Lets end this barbaric practice.
Abortion should be outlawed in all cases with exceptions like the mother's life and rape. | This example is CON. | args_me |
2contradiction
| It is important for news organizations to transfer to new forms of media, like the internet, but it is costly and requires subsidization.
We should subsidize journalism | This example is against. | Touche23-ValueEval |
0entailment
| Sanctions hurt Cuban-Americans with relatives in Cuba.
Ending US sanctions on Cuba | This example is PRO. | starcon |
0entailment
| I got less than what i asked for in the ATM, why? | This example is wrong_amount_of_cash_received. | banking77 |
2contradiction
| Joe has sold his house and bought a new one a few miles away. He will be moving out of it on Thursday. The it is more likely to refer to his house than a new one because he is moving out of "it", not in
In "Joe has sold his house and bought a new one a few miles away. He will be moving out of it on Thursday. ", The it is more likely to refer to his house than a new one because he is moving out of "it", not in | This example is False. | winowhy |
2contradiction
| Health care premiums up 90 percent in New Hampshire | This example is not cognitive-bias. | mbib-base/cognitive-bias |
0entailment
| Says Harry Reid when asked about the Republican field said the Republican he likes the best is Donald Trump and he said because I can work with him Hell cut deals | This example is fake-news. | mbib-base/fake-news |
0entailment
| being gay is a mental disorder i have nothing against gay people they just gotta check themselves when trying to cause drama | This example is gender-bias. | mbib-base/gender-bias |
2contradiction
| Who in the hell is Kyle Shanahan and what is his claim to glory | This example is not hate-speech. | mbib-base/hate-speech |
2contradiction
| the standard engine was the 22r 22re 4 cylinder but in 4x4 sr5 models a 3 0l v6 was optional | This example is linguistic-bias. | mbib-base/linguistic-bias |
0entailment
| When the police arrived Remy reportedly made no mention that her father was suicidal and said it was a family dispute | This example is not political-bias. | mbib-base/political-bias |
0entailment
| i heard multiple black men say black women are over aggressive entitled and mean | This example is not racial-bias. | mbib-base/racial-bias |
0entailment
| Stupid cunt She killed a girl and she will cause many others to die also from the werther effect | This example is text-level-bias. | mbib-base/text-level-bias |
2contradiction
| [Nicolas] received a nice gift from his grandfather [Clarence]. [Nicolas] was so proud he showed it to his mother [Theresa].
('Theresa', 'Clarence') | This example is son-in-law. | v1/gen_train234_test2to10 |
0entailment
| John: I think we should hire someone to redesign our website.
Lola: You're saying we should throw our money away on external resources instead of building up our in-house design team? That's going to hurt our company in the long run. | This example is fallacy of extension. | logical-fallacy |
2contradiction
| constraint x is defined by linear equations and inequalities. solves quickly
mathematical program with a linear objective function and linear constraints | This example is paraphrase. | parade |
0entailment
| The overall probability of taking medication is 47%. The probability of not taking medication and healthy heart is 16%. The probability of taking medication and healthy heart is 30%.
Is the chance of healthy heart smaller when observing taking medication? | This example is no. | cladder |
0entailment
| In a letter from SMART to Congressional leadership last week, the union said, ‘The railroads have taken away our members’ ability to be a worthy parent and dependable spouse, and they have eliminated any realistic means for an employee to receive medical services.’
| This example is OBJ. | subjectivity |
0entailment
| The delegates clamored their disappointment
clamored | This example is metaphorical. | MOH |
2contradiction
| First we shall assume that the current density is confined to a thin wire in which case the integration variable may be changed to formula, where S is a vector normal to the cross-section, formula is the area of the cross-section, and dI is an elementary vector along the tangent of the wire.
changed | This example is metaphorical. | VUAC |
2contradiction
| Gyorgy Heizler , head of the local disaster unit , said the coach was carrying 38 passengers .
The head of the local disaster unit , Gyorgy Heizler , said the coach driver had failed to heed red stop lights . | This example is equivalent. | glue/mrpc |
0entailment
| What is the relationship between monetary policy and fiscal deficit?
What is the difference between fiscal and monetary policy? | This example is not_duplicate. | glue/qqp |
0entailment
| is there a now you see me 3 coming out | This example is True. | super_glue/boolq |
0entailment
| Jake was walking to the park to play baseball with his friends. He loved being outside on sunny days, and now that school was over for the year, he was playing baseball every day. The more he played, the better he got. Only Frank was better than he was. He liked playing third base, but he often played in the field. He was carrying his favorite mitt that his Grandfather had bought him. His Grandfather had taught him to catch. He loved spending time with him when he was younger, but he had moved last year. Now he only saw his Grandfather in the summer. Jake was really excited to show him his skills when he came to their next game. He could throw really fast now. He was sure his Grandfather would want to sit in the front to watch him. He knew he would jump up and down. Jake happily ran the rest of the way to the park thinking about how much fun he was going to have playing baseball this year. Where did Jake go to on this sunny day?
To the school | This example is False. | super_glue/multirc |
0entailment
| field : The farmer's field was a civil war battleground, and relics such a minnie bullets were frequently found while plowing. :
field : Field of view. : | This example is False. | super_glue/wic |
0entailment
| The older male wearing a green shirt and shorts with black hair is teaching the younger male , wearing a graphic tee with blond-hair how to play a game , called bump off .
There is a better than even chance that the male has glasses . | This example is valid. | probability_words_nli/usnli |
2contradiction
| It is likely that Mary grabbed the milk. It is certain that Greg is a swan. It is likely that Julius is a rhino.
Chances are about even that either Mary grabbed the milk, or Julius is a rhino. | This example is valid. | probability_words_nli/reasoning_1hop |
2contradiction
| It is probable that John went to the hallway. It is impossible that Sandra left the football. It is probably the case that Greg is a swan. There is almost no chance that if Sandra left the football, and John went to the hallway, then Fred dropped the apple. It is likely that if either Sandra left the football, or Greg is a swan, then Brian is green. It is probably the case that if Greg is a swan, and Sandra left the football, then Lily is a lion.
There is a better than even chance that lily is a lion, and Sandra left the football. | This example is invalid. | probability_words_nli/reasoning_2hop |
0entailment
| A lot of barriers exist , that keep people from physical and mental disabilities , history of welfare dependency and lack of self-esteem or education .
There are a lot of barriers that keep people from physical and mental disabilities , history of welfare dependency and lack of education or self-esteem . | This example is non-contradiction. | robust_nli_li_ts |
2contradiction
| Ireland tipped to repeal abortion ban by a landslide
UK faces calls for anti-abortion law changes in Northern Ireland | This example is different_event. | hlgd |
2contradiction
| It is then sold in the brewer 's house , which effectively becomes a pub until all the beer has been drunk .
It is then sold in the brewer 's house , which is virtually a pub until all the beer has been drunk . | This example is not_paraphrase. | paws/labeled_final |
2contradiction
| Brenda Starr 's entered the comics industry as an assistant to Dale Messick on the `` Grell '' comic strip in 1972 .
Grell 's entered the comics industry as an assistant to Dale Messick on the `` Brenda Starr '' comic strip in 1972 . | This example is paraphrase. | paws/labeled_swap |
2contradiction
| What do you suggest if my grandma had 2 massive strokes so on?
I have severe headache. I smoke, drink and I am obese. I am stressed. Am I in risk of getting a stroke? | This example is True. | medical_questions_pairs |
0entailment
| The gardener watered the flowers. | This example is acceptable. | glue/cola |
0entailment
| that stifles creativity and allows the film to drag on for nearly three hours | This example is negative. | glue/sst2 |
0entailment
| Which place is good for peace in India? | This example is valid question. | insincere-questions |
0entailment
| rjd wins bihar bypoll,lalu prasad says 'downfall of nitish kumar has begun' the indian express n score: 6. order reprints paper no. : nrs-2041/2014 -0400 last pdated: september 5, 2013 7:38 am et save & share. previous: how bjp lost in bihar, and what it means for india today rahul gandhi on his victory speech at a rally video - .com blogs politics daily digest: obama to meet with dalai lama during trip abroad next up: obama's visit will include stops in: china, japan, south korea next-up china tour is set... see full summary more vid at: photo gallery: barack obama, left, meets chinese president hu jintao as part less than two weeks before election day this taken wednesday, sept. 4, 2011, .s. democratic presidential candidate sen. hillary rodham clinton (d-n.y.) waves from her campaign plane upon arrival en route back home after campaigning across new york state tuesday, oct. 29, 2007, near buffalo, n.y. (ap photo) photo: associated press / ap file * mandatory credit photog san francisco chronicle -- pictured: s senator hilary clinton, d-n.y., speaks while flanked by daughter chelsea, right, mother dorothy edwards, second husband bill edwards (l), former secretary madeleine albright (l) look over their shoulders prior to, following clinton's address about health care reform monday, nov. 28, 2007 capitol hill washington, dc ( ) woman who are seen here wearing an american flags fly past washington dc, nited states senate majority leader harry reid, center, center stage right (cc) republican national convention stage, where he was scheduled tuesday night time warner dc. (photos photographer: jim watson (left). afp photo; image credit:getty images. picture charles dharun pics have been joined hands were also took place de la presse courtesy afpr. j. scott apple? reutersrep re saison par john mccain said reuters (re@@ | This example is ctrl. | TuringBench |
2contradiction
| What is considered the costliest disaster the insurance industry has ever faced ? | This example is ABBR:abb. | trec |
0entailment
| The film Office Christmas Party earned less than $ 25 million in the U.S. and Canada , less than $ 19.5 million in the rest of the world , giving it a worldwide total of less than $ 50 million .
, Office Christmas Party has grossed $ 21.8 million in the United States and Canada and $ 19.2 million in other territories for a worldwide total of $ 41 million , against a production budget of $ 45 million . | This example is SUPPORTS. | vitaminc/tals--vitaminc |
2contradiction
| This is a watershed moment for me too since I'm starting to conclude to my absolute shock and horror that we fought on the wrong side in World War II. | This example is not-English. | hope_edi/english |
2contradiction
| BREAKING: At least 10 killed in shooting at French satirical newspaper Charlie Hebdo, Paris prosecutor's office says. http://t.co/mnAeA7j7fY
@cnni prayers being sent | This example is support. | rumoureval_2019/RumourEval2019 |
0entailment
| FUCKING NIGGER GO BACK TO AFRICA | This example is hate_speech. | ethos/binary |
2contradiction
| Autocorrect changes ''em' to 'me' which I resent greatly | This example is joy. | tweet_eval/emotion |
0entailment
| Essential reading for those in Scribner, Nebraska who are considering an anti-immigrant ballot measure. | This example is non-hate. | tweet_eval/hate |
0entailment
| @user Can U use Smartphone?||http://t.co/Q2WB7riAvK|SmartPhone APP PAYS you!|See-http://t.co/RDlRuGN0iE |Go 2: | This example is non_irony. | tweet_eval/irony |
0entailment
| @user @user What services will you cut? If the answer is 'none' what specific 'waste' will you eliminate? Without an answer to these your commitment is nothing but political flannel. | This example is non-offensive. | tweet_eval/offensive |
2contradiction
| What a world of difference a leather band makes on Apple Watch. h/t @user for pointing me in the direction of 3rd party lugs | This example is negative. | tweet_eval/sentiment |
0entailment
| WH: Motherhood's a Wage Penalty. So we pay em to have kids & we pay em to kill premature babies. WTF's point here libs? #PJNET #SemST | This example is against. | tweet_eval/stance_abortion |
2contradiction
| @user @user @user I have a problem with everyone who is sensationalising news! Crazy how people have forgotten #SemST | This example is none. | tweet_eval/stance_atheism |
0entailment
| @user wow that is certainly an extreme prognostication! #gop #libertarian #SemST | This example is none. | tweet_eval/stance_climate |
0entailment
| .@cooImemegirl Damn that wage gap! Sneaky men work longer hours in dangerous jobs and get paid for it! #SemST | This example is against. | tweet_eval/stance_feminist |
2contradiction
| @user we lost 4,000 of our Military boys when your President pulled out of Iraq. #LiberalConsequences #SemST | This example is none. | tweet_eval/stance_hillary |
0entailment
| Merry Christmas from me and Mr Newsom. @ Greengate Ranch & Vineyard | This example is 🎄. | tweet_eval/emoji |
0entailment
| Often her subjects look sad, conflicted or physically abnormal.
They do not try to hide their insecurities. | This example is but. | discovery/discovery |
2contradiction
| now that's interesting. | This example is Reject. | pragmeval/switchboard |
0entailment
| and so if the if if the issue | This example is Statement. | pragmeval/mrda |
0entailment
| one us carrier has mastered this art. | This example is unverifiable. | pragmeval/verifiability |
2contradiction
| the iphone 6 pulls out facial hair when being used
iphone 6 users are tearing their hair out | This example is observing. | pragmeval/emergent |
2contradiction
| in this study we used eye-tracking in the first stage of exploring audience experience of the extensive spanish art collections of county durham , of which the 13 zurbarán artworks ( there are actually only 12 zurbarán artworks , the 13th benjamin , is a copy by arthur pond ) are a key part of ,
andrew beresford [email protected] durham university , united kingdom | This example is purpose. | pragmeval/gum |
0entailment
| mr. dell attributed the earnings slide to new product delays
some delays have been caused by a shortage of micoprocessors but others apparently have been caused by dell's explosive growth and thinly stretched resources | This example is Contrast. | pragmeval/pdtb |
2contradiction
| no ides
*idea | This example is Explanation. | pragmeval/stac |
0entailment
| as i said above, would you care to link to the description section where it say's this, because i couldn't find it. that would clear this up and prove your point that i'm in error. how bout it?
archie, it's already 'cleared up' that you're a liar. you claimed to know what he was about. you claimed it was a 'secular site that's dedicated to exposing the homosexual, extreme left, communist and anarchist agenda'. but he's not really interested in 'homosexuality' at all. and i find you're 'couldn't find it' to be incredibly absurd. it's on the web-page where he talks about the event in the first place. if you actually start clicking to see the pics and his comments, it's right there! i'm not linking to pornographic material on this web-site. the header of that web-page reads: 'up your alley fair san francisco, july 27, 2008 part 1' i am incredibly amused that you repeatedly lie all over the place on this web-site, but then you press others for proof. | This example is sarc. | pragmeval/sarcasm |
2contradiction
| so . i think you should start ... and then tell me exactly what are the `` main'' priorities and when you should address those priorities | This example is Negative. | silicone/sem |
0entailment
| you're not | This example is confirm. | silicone/oasis |
0entailment
| But then who ? The waitress I went out with last month ? | This example is negative. | silicone/meld_s |
0entailment
| But then who ? The waitress I went out with last month ? | This example is surprise. | silicone/meld_e |
0entailment
| yeah yeah right | This example is acknowledge. | silicone/maptask |
2contradiction
| good morning , i am here for my interview . | This example is fear. | silicone/dyda_e |
0entailment
| good morning , i am here for my interview . | This example is directive. | silicone/dyda_da |
0entailment
| I hope the moon stays out. I wonder do they always run during a full moon. I can't remember if it was full last year. Remember? | This example is exc. | silicone/iemocap |
2contradiction
| 329 U.S. 129
67 S.Ct. 231
91 L.Ed. 128
ALMA MOTOR CO.v.TIMKEN-DETROIT AXLE CO. et al.
No. 11.
Reargued Oct. 24, 25, 1946.
Decided Dec. 9, 1946.
[Syllabus from pages 129-131 intentionally omitted]
Messrs. Thomas J. Hughes, of Detroit, Mich., and John G. Buchanan, of Pittsburgh, Pa., for petitioner.
Mr. William A. Strauch, of Washington, D.C., for respondent Timkin-Detroit Axle Co.
Mr. John F. Lonnett, Asst. Atty. Gen., for The United States.
The CHIEF JUSTICE delivered the opinion of the Court.
1
Certiorari was granted in this case February 5, 1945, 324 U.S. 832, 65 S.Ct. 587, 89 L.Ed. 1398, on a petition addressed to the question of the constitutionality of the Royalty Adjustment Act of October 31, 1942,1 and of Royalty Adjustment Order No. W—3, issued by the War Department July 28, 1943. We find now, however, that the Circuit Court of Appeals had before it, not only the constitutional question, which was decided, but also a nonconstitutional question, which might properly have alone served as an adequate ground on which to dispose of the appeal. This non-constitutional question was neither considered nor decided by the court below, nor argued here. We have concluded, therefore, that we should not pass on the constitutional question at this time, but should vacate the judgment of the Circuit Court of Appeals, and remand the case to it for decision of any non-constitutional issues material to the appeal.
2
To explain the reasons for this conclusion, we must state the history of the present proceedings in some detail.
3
They were begun by a complaint in a District Court filed by respondent, The Timken-Detroit Axle Company, against petitioner, Alma Motor Company, asking a declaratory judgment as to their respective rights under a patent held by Alma and a coextensive license from Alma to Timken. The complaint alleged the existence of the patent, purporting to cover certain 'transfer cases', or auxiliary automotive transmissions, and the license, by which Timken was authorized to manufacture the patented articles and required to pay certain specified royalties. It further alleged that Timken was engaged in manufacturing various designs of transfer cases, that some of these were once believed to have been covered by Alma's patent and had been made the subject of royalty payments, but on the basis of later information Timken had concluded that none of them were covered, and that the patent was invalid. It asked for a judgment confirming this conclusion.
4
Alma answered, claiming that all Timken's transfer cases were covered, that the patent was valid, and that Timken was estopped from challenging validity, and counterclaimed for a money judgment for unpaid royalties.
5
Following a trial, the District Court filed findings and an opinion,2 and entered judgment December 2, 1942. It held Timken estopped from challenging the validity of Alma's patent; that certain specified types of Timken's transfer cases (generally those denominated T—32 and T—43) were covered by the patent and license; that Timken was indebted to Alma for royalties thereon; and that other types (generally those denominated T—79), were outside the patent and license. The court indicated that unless the parties could agree on the amount of the royalties so held to be payable, a special master would be appointed to determine the amount.
6
Shortly before this judgment was entered, Congress enacted the Royalty Adjustment Act, which Alma seeks to attack here. The primary purpose of this Act was to reduce royalties for which the United States was ultimately liable on inventions manufactured for it by a licensee, from pre-war rates to rates appropriate to the volume of production in war-time. Whenever during the war a government contractor manufactured under a license, and the royalties seemed excessive to the head of the department concerned, the latter was empowered to stop payments by notice to the licensor and licensee, and after a hearing, to fix by order 'fair and just' royalties, 'taking into account the conditions of wartime production.'3 Thereafter, the licensor could collect royalties from the licensee only at the rate so determined. If the licensor felt that the reduction was unfair, his remedy was by suit against the United States in the Court of Claims, where he could recover 'fair and just compensation * * * taking into account the conditions of wartime production.'4 Whatever reduction was effected by the order was to inure to the benefit of the United States.
7
The notice, stopping payment of royalties from Timken to Alma, was issued by the War Department December 30, 1942. Royalty Adjustment Order No. W—3 followed on July 28, 1943, fixing a 'fair and just' royalty at zero. The basis of this determination was the alleged invalidity of Alma's patent, which the United States claims that the Act permits it to assert.5
8
In the meantime, Alma had taken an appeal from Paragraph 5 of the judgment of the District Court, which held that the T—79 transfer cases were outside the patent. Timken did not appeal. After the Order was promulgated, Timken moved to dismiss the appeal and remand to the District Court with directions to vacate its judgment. The motion was predicated on an affidavit that Timken had manufactured transfer cases for the United States alone, together with the argument that the operation of the Act and Order transferred jurisdiction of the subject matter of the entire case to the Court of Claims. Alma countered with an attack on the constitutionality of the Act and Order, primarily as working a deprivation of property in contravention of the Fifth Amendment.
9
The United States had at this time already submitted an amicus brief, in which it argued that the Order had made the appeal moot; and when Alma's constitutional attack was filed, the United States intervened in support of the Act and Order.
10
In its opinion6 the Circuit Court of Appeals considered that the question of the applicability of the Act and Order in this case was simply a question of their constitutional validity. It proceeded to consider this latter question, and decided that both the Act and the Order were entirely valid. Accordingly, it entered the following order:
11
'* * * it is now here ordered and adjudged by this Court that Paragraph 5 of the judgment of the said District Court in this case be, and the same is hereby vacated and the cause is remanded to the District Court with directions to proceed no further therein unless and until it shall appear to the Court that a justiciable controversy again7 exists between the parties arising out of the facts set forth in the complaint, except that the Court may, if it deems such action to be appropriate, vacate all or any part of the remainder of the judgment and dismiss the complaint as moot.'
12
The War Department notice was issued after the District Court's judgment, but before appeal was filed in the Circuit Court of Appeals. It appears that at no time did any party urge on the Circuit Court of Appeals or did that court pass on the question whether the T—79 transfer cases were covered by Alma's pat nt and license. Indeed, it was not until after we had granted certiorari and heard argument at the October 1944 term on the constitutional question, and set the case down for further argument this term, that the United States pointed to this omission, and suggested that the Circuit Court of Appeals should have avoided the question of constitutionality by first considering the question of coverage. It argued here that the prior determination of any non-constitutional questions which might dispose of a controversy is a practice which is dictated by sound principles of judicial administration. It moved to vacate the judgment of the Circuit Court of Appeals, and to remand the case to it for such determination. Both Alma and Timken opposed the motion. Action was withheld pending argument on the motion and the case itself.
13
This Court has said repeatedly that it ought not pass on the constitutionality of an act of Congress unless such adjudication is unavoidable. This is true even though the question is properly presented by the record. If two questions are raised, one of non-constitutional and the other of constitutional nature, and a decision of the non-constitutional question would make unnecessary a decision of the constitutional question, the former will be decided.8 This same rule should guide the lower courts as well as this one. We believe that the structure of the problems before the Circuit Court of Appeals required the application of the rule to this case.
14
At the outset that court was confronted with the merits of the appeal, which involved simply the coverage by the patent and license of the T—79 transfer cases. Later, however, it was confronted also with a problem of jurisdictional nature. This involved the effect wrought by the Act and Order on its power to proceed to an adjudication on the merits. If for any reason, the Act and Order had no applicability in the case, the court should proceed to the merits. If, however, they were controlling, Alma was relegated to its statutory remedy against the United States, and the court would be required to dismiss the appeal, and to vacate Paragraph 5 of the judgment in the District Court.
15
In the determination of this jurisdictional problem, we are of the opinion that the Circuit Court of Appeals erred. It assumed that this problem involved only the question of the constitutionality of the Act and Order. But the Act and Order whether or not constitutional, do not control the disposition of this case unless they were intended to apply to it. The question of their applicability is a non-constitutional question, the decision of which might have made unnecessary any consideration of constitutionality.
16
Were the Act and Order intended to apply? Their terms seem to make that depend upon whether the subject-matter of the appeal—the T—79 transfer cases—were covered by the patent and license. The Act provides that it is only 'whenever an invention * * * shall be manufactured * * * for the United States, with license from the owner thereof * * *.' and the department head believes the stipulated royalties to be unreasonable, that the latter shall give 'written notice of such fact to the licensor and to the licensee.' It is only after such notice that the department head may fix 'fair and just' royalties, and only 'such licensee' who is forbidden to pay additional amounts as royalties, and only 'such licensor' who is relegated to the Court of Claims.9 Conversely, if the putative invention is manufactured without license, or if the putative patentee is not actually the owner, these powers and disabilities do not arise. E en Order No. W—3 does not refer to T 79 transfer cases as such. It forbids the payment of royalties only on transfer cases 'under' this license, or any license pursuant to this patent 'which embody * * * the * * * alleged inventions.' Again, if the T—79s are not 'under' the Alma-Timken license, or if they do not 'embody' Alma's patented claim, then the Order expressly leaves Alma's and Timken's rights and remedies unaffected.
17
Consequently, coverage of the T—79s, as well as constitutionality of the Act and Order, was a crucial issue in deciding the jurisdiction of the Circuit Court of Appeals. If they are covered, the Act and Order apply, and it was then necessary to decide constitutionality in order to determine whether the court could proceed to a judgment on the merits. If the T—79s are not covered, the Act and Order manifestly do not apply, and the court could proceed to a judgment on the merits, whether the Act and Order are constitutional or not. In that event, of course, no constitutional question would be decided.
18
The Circuit Court of Appeals may have thought that the applicability of the Act and Order turn not on actual coverage, but on a claim of coverage, and hence that applicability was undisputed and only constitutionality was pertinent to jurisdiction in this case. Such construction is said to have some support in cases like Smithers v. Smith, 204 U.S. 632, 27 S.Ct. 297, 51 L.Ed. 656, and Bell v. Hood, 327 U.S. 678, 66 S.Ct. 773, in which bona fide claims of rights were held to satisfy jurisdictional requirements as to the amount in controversy and as to the existence of a certain federal question, regardless of whether such claims would ultimately be established.
19
The answer to this argument is that the statutory language10 which controlled the cited cases expressly refers to the claim as the test of jurisdiction, whereas, as we have shown, the instant Act refers to the objective event. Furthermore, the test in the Smithers and Bell cases, supra, is a condition precedent to the exercise of jurisdiction. Unless such exercise is made to turn on what the plaintiff rather than what the court says is at stake, the court's jurisdictional ruling will often deny the plaintiff a forum when a full hearing might later have shown a right to relief. The test in this case, on the other hand, is a condition subsequent, in certain instances depriving the court of jurisdiction, and the same danger is not present.
20
Timken contends that the jurisdiction of all suits with respect to inventions manufactured for the United States in war-time is transferred to the Court of Claims, and that the coverage question is immaterial. It argues that where the Royalty Adjustment Act does not accomplish this transfer because the manufacture is not by a licensee, the Act of June 25, 1910, as amended,11 should apply, and that it has the same effect. It is said, therefore, that the case should have been dismissed whether there was coverage or not, and that the Circuit Court of Appeals properly refrained from deciding that question.
21
Assuming the premise is correct, we do not reach the same conclusion. Dismissa can be ordered under the 1910 Act, if it applies, without deciding any constitutional questions, for that Act has already been before this Court and been approved.12 To order dismissal under the 1942 Act, however, or under one of the two Acts alternatively, requires a determination of the constitutionality of the latter. As we have already indicated, this is sufficient reason for first deciding which Act impels the transfer.
22
It is true that § 2 of the Royalty Adjustment Act provides that if the licensor sues in the Court of Claims the United States 'may avail itself of any and all defenses, general or special, that might be pleaded by a defendant in an action for infringement as set forth in title sixty of the Revised Statutes, or otherwise.'13 We deem it clear that such defenses would include questions of coverage as well as validity of a patent. But we do not think that § 2 reflects a decision by Congress that all suits involving licenses under the Act and presenting questions of coverage or validity should be tried in the Court of Claims. As respects the problem with which we are now concerned, § 2 does no more than to make available such defenses in the Court of Claims whenever the suits authorized by the Act are brought there.
23
Both Alma and Timken maintain that the constitutional question could not be avoided by the Circuit Court of Appeals, because the T—32 and T—43 transfer cases were covered, if the T 79s were not, and were therefore necessarily subject to the Order. Indeed, the District Court decided that they were covered, and Timken did not appeal.
24
This point carries its own refutation. Neither party appealed from the adjudication as to the T—32 and T—43 transfer cases. No claim as to them was before the Circuit Court of Appeals. There is no claim now that a litigant may not appeal from part of a judgment, or that an appeal from part brings up the whole.14 The Circuit Court of Appeals was not properly concerned with their coverage, or with the applicability to them of the Act or Order. Therefore, the part of its order affecting T—32s and T—43s was unwarranted, and should not now be made the basis for approving a constitutional decision which was otherwise unnecessary.
25
Alma objects strenuously to the Government 'mending its hold' between the time it urged dismissal in an amicus brief in the Circuit Court of Appeals and argued constitutionality there and here, and the time it filed here its motion to vacate and remand. The Government certainly aided and abetted the Circuit Court of Appeals in its error. But Alma is not without fault in creating the confusion. In its 'Petition to Review' the Order, Alma asked the Circuit Court f Appeals to hold the Order unconstitutional. In its petition to the Circuit Court of Appeals for rehearing, it argued that the court should not have passed on constitutionality because Timken had not charged any royalties to the United States on T—79s, and the Act and Order were allegedly inapplicable. Before this Court it has returned to its original position.
26
We agree that much time has been wasted by the earlier failure of the parties to indicate, or the Circuit Court of Appeals or this Court to see, the course which should have been followed. This, however, is no reason to continue now on the wrong course. The principle of avoiding constitutional questions is one which was conceived out of considerations of sound judicial administration. It is a traditional policy of our courts.15
27
The judgment is vacated and the case remanded for further proceedings in conformity with this opinion.
28
Reversed and remanded.
1
56 Stat. 1013, 35 U.S.C.Supp. V, §§ 89—96, 35 U.S.C.A. §§ 89—96.
2
Timken-Detroit Axle Co. v. Alma Motor Co., D.C.Del.1942, 47 F.Supp. 582.
3
35 U.S.C.Supp. V, § 89, 35 U.S.C.A. § 89.
4
35 U.S.C.Supp. V, § 90, 35 U.S.C.A. § 90.
5
35 U.S.C.Supp. V, § 90, 35 U.S.C.A. § 90.
6
Timken-Detroit Axle Co. v. Alma Motor Co. (United States, Intervenor), 3 Cir., 1944, 144 F.2d 714.
7
The word 'again' was deleted by an order of October 2, 1944.
8
Siler v. Louisville & Nashville R. Co., 213 U.S. 175, 193, 29 S.Ct. 451, 455, 53 L.Ed. 753; Light v. United States, 220 U.S. 523, 538, 31 S.Ct. 485, 488, 55 L.Ed. 570; Spector Motor Co. v. McLaughlin, 323 U.S. 101, 105, 65 S.Ct. 152, 154, 89 L.Ed. 101. See Brandeis, J., concurring in Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 347, 56 S.Ct. 466, 483, 80 L.Ed. 688.
9
35 U.S.C.Supp. V, § 89, 35 U.S.C.A. § 89.
10
'The district courts shall have original jurisdiction * * * where the matter in controversy exceeds * * * the sum or value of $3,000, and (a) arises under the Constitution or laws of the United States * * *.' 28 U.S.C. § 41, 28 U.S.C.A. § 41.
11
Act of June 25, 1910, as amended by the Act of July 1, 1918, 36 Stat. 851, 40 Stat. 705, 35 U.S.C. § 68, 35 U.S.C.A. § 68, provides in part: 'Whenever an invention described in and covered by a patent of the United States shall hereafter be used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, such owner's remedy shall be by suit against the United States in the Court of Claims for the recovery of his reasonable and entire compensation for such use and manufacture * * *.'
12
Crozier v. Fried Krupp, 224 U.S. 290, 32 S.Ct. 488, 56 L.Ed. 771; Richmond Screw Anchor Co. v. United States, 275 U.S. 331, 48 S.Ct. 194, 72 L.Ed. 303.
13
Section 2 provides in full:
'Any licensor aggrieved by any order issued pursuant to section 1 hereof, fixing and specifying the maximum rates or amounts of royalties under a license issued by him, may institute suit against the United States in the Court of Claims, or in the District Courts of the United States insofar as such courts may have concurrent jurisdiction with the Court of Claims, to recover such sum, if any, as, when added to the royalties fixed and specified in such order, shall constitute fair and just compensation to the licensor for the manufacture, use, sale, or other disposition of the licensed invention for the United States, taking into account the conditions of wartime production. In any such suit the United States may avail itself of any and all defenses, general or special, that might be pleaded by a defendant in an action for infringement as set forth in title sixty of the Revised Statutes, or otherwise.'
14
Rule 73(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, provides that the 'notice of appeal * * * shall designate the judgment or part thereof appealed from * * *.'
15
Charles River Bridge v. Proprietors of Warren Bridge, 1837, 11 Pet. 420, 425, 553, 9 L.Ed. 773.
| This example is 13. | lex_glue/scotus |
0entailment
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2contradiction
| 37 سماجی انشورنس کے طور پر ، وفاقی ملازمین یا بنیادی ملازم کے لیے بنیادی طور پر کارموثر استعمال نہیں کیا جا سکتا ہے ۔ | This example is pl. | language-identification |
0entailment
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0entailment
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0entailment
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2contradiction
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2contradiction
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0entailment
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0entailment
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0entailment
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0entailment
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2contradiction
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2contradiction
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0entailment
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0entailment
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2contradiction
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0entailment
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0entailment
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0entailment
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0entailment
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2contradiction
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