Vibber v. United States Rubber Company

FRANKEL, District Judge.

Plaintiff, a New York resident, holds Patent No. 3,192,698, issued on July 6, 1965, covering improvements in “Twisting Spindle Balloon Controls.” His complaint charges that defendant has been and is infringing the patent “by making, causing to be made, selling and causing to be sold and using or causing to be used, within the District and elsewhere * *, Controls made in accordance with and embodying the invention * * Defendant has moved under Rule 12(b), Fed.R.Civ.P., and 28 U.S.C. § 1406(a) to dismiss for improper venue, or, alternatively, to transfer the action to…