Legal Opinion

Lex Tex Ltd. v. Aileen, Inc.

District Court, S.D. Florida

Decided May 10, 1971No. Civ. No. 71-85PublishedCited by 2 opinions

1Opinion of the Court

ORDER GRANTING MOTION TO DISMISS

KING, District Judge.

This action was brought upon a claim of patent infringement, the Court’s jurisdiction resting upon 35 U.S.C. § 281 and 28 U.S.C. § 1338. Plaintiffs contend that Defendant Aileen, Inc., by making and selling textile fabrics from yarn processed on certain named machines, violates the rights of Plaintiff Lex Tex Ltd., Inc. under certain letters patent which it has been assigned. Defendant has moved to dismiss upon several grounds. We find the question of venue to be dispositive.

FINDINGS OF FACT AND LAW

Venue in a suit for patent infringement is…

2Cases cited12 opinions

  1. Fourco Glass Co. v. Transmirra Products Corp.Supreme Court of the United States · 1957
  2. Olberding v. Illinois Central RailroadSupreme Court of the United States · 1953
  3. Schnell v. Peter Eckrich & Sons, Inc.Supreme Court of the United States · 1961
  4. W. S. Tyler Co. v. Ludlow-Saylor Wire Co.Supreme Court of the United States · 1915
  5. Phillips v. BakerCourt of Appeals for the Ninth Circuit · 1941

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Roblor Marketing Group, Inc. v. GPS Industries, Inc.District Court, S.D. Florida · 2009
  2. Choat v. Rome Industries, Inc.District Court, N.D. Georgia · 1979

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