Archer Daniels Midland Co. v. Ralston Purina Co.

OPINION AND ORDER

ROBERT D. MORGAN, District Judge.

This cause comes before the court on defendant’s motion to dismiss under 12(b) (3) of the Federal Rules of Civil Procedure for lack of venue under 28 U. S.C. § 1400(b). In the complaint, the plaintiff alleges that the defendant has infringed its patent as provided under the patent laws of the United States, 35 U.S.C. §§ 271 and 281. It has long been held that section 1400(b) is the sole and exclusive provision controlling venue in patent infringement actions. See Schnell v. Peter Eckrich & Sons, Inc., 365 U.S. 260, 81 S.Ct. 557, 5 L.Ed.2d 546…