EH Sheldon & Company v. Norbute Corporation

GRIM, District Judge.

Without much doubt plaintiff could have litigated the present patent infringement suit in the Second Circuit, but it prefers to litigate it here in the Third Circuit. Defendant, however, wants to litigate the case in the Second Circuit. Defendant contends that venue in this District is improper, but instead of requesting that the action be dismissed because of improper venue he has moved to have the action transferred to the Eastern District of New York.

While broadly speaking an action for patent infringement is personal and transitory, the places where such actions may…