Preston G. Gaddis v. Calgon Corporation

TUTTLE, Circuit Judge:

This is an appeal from the order of the trial court, D.C., 325 F.Supp. 16, dismissing a patent infringement suit as having been brought in the wrong place under the applicable patent suit venue statute, 28 U.S.C.A. § 1400(b). This section provides:

“Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.”

The trial court, notwithstanding the plain language of the statute providing that venue could be laid where…