Spound v. Action Industries, Inc.

MEMORANDUM OPINION AND ORDER

BAUER, District Judge.

This cause comes on the defendant’s motion to dismiss this action for lack of proper service and venue, pursuant to 28 U.S.C. § 1400(b) and in the alternative to transfer this civil action to the Western District of Virginia pursuant to 28 U.S.C. § 1404(a) or 28 U.S.C. § 1406 (a).

This is an action based on the alleged infringement of U.S. Patent Nos. 2,884,-992; 2,958,374; 2,982,340; and 3,024,-064 by the defendant.

The plaintiffs, Albert Spound and Joseph Spound, are residents of Massachusetts and plaintiff Morris Loeb is a resident of…