Patent Tube Corp. v. Bristol-Myers Co.

MANDELBAUM, District Judge.

The defendant, appearing specially, moves to dismiss the complaint on the ground that this court lacks jurisdiction to entertain the suit. This is a patent infringement suit. Before this court can assume jurisdiction, it is incumbent upon the plaintiff to show: (1) That the defendant has a regular and established place of business in this district, and (2) that the defendant has committed acts of infringement within the district as provided by statute. The first element is undisputed so that the court must decide whether the defendant has committed acts of…