A. O. Smith-Inland, Inc. v. Hoeganaes Corp.

MEMORANDUM DECISION

MARSHALL, District Judge.

The plaintiff, A. O. Smith-Inland, Inc., filed the present action against the defendant, Hoeganaes Corporation, alleg*540ing numerous and continuing acts of patent infringement involving metal powders. Jurisdiction is predicated on 28 U.S.C. § 1338(a) (1970). The defendant has moved to dismiss the complaint for improper venue. Fed.R.Civ.P. 12(b)(3).

Venue in an action for patent infringement is governed exclusively by 28 U.S.C. § 1400(b) and is not modified by the general venue provisions of 28 U.S.C. § 1391 (1970). Fourco Glass Co. v. Transmirra…