United States Supreme Court Cases & Opinions

U.S. Supreme Court

Stonite Products Co. v. Melvin Lloyd Co., 315 U.S. 561 (1942)

Stonite Products Co. v. Melvin Lloyd Co.

No. 321

Argued February 10, 1942

Decided March 9, 1942

315 U.S. 561

Syllabus

1. Venue in patent infringement suit is governed exclusively by Jud.Code § 48, which provides that, in such suits, the District Courts hall have jurisdiction in the district of which the defendant is an inhabitant, or in any district in which the defendant shall have committed acts of infringement and have a regular and established place of business. P. 315 U. S. 563.

In a suit for patent infringement brought in one of two districts in the same State, an individual who has no regular and established place of business in that district and who is an inhabitant of the other district cannot properly be joined as a defendant.

2. The provision of Jud.Code § 52 permitting suits, not of a local nature, against two or more defendants residing in different judicial districts within the same State to be brought in either district is inapplicable to patent infringement suit. P. 315 U. S. 566.

119 F.2d 883 reversed.

Certiorari, 314 U.S. 594, to review a decree which reversed the action of the District Court in dismissing, as to one of two defendants, a bill alleging infringement of a patent. 36 F.Supp. 29. The other defendant defaulted.