United States Supreme Court Cases & Opinions

U.S. Supreme Court

Brunette Machine Works v. Kockum Indus., 406 U.S. 706 (1972)

Brunette Machine Works, Ltd. v. Kockum Industries, Inc.

No. 70-314

Argued March 23, 1972

Decided June 7, 1972

406 U.S. 706

Syllabus

Title 28 U.S.C. § 1391(d), providing that "[a]n alien may be sued in any district," embodies the long-established rule that a suit against an alien is wholly outside the operation of all federal venue laws (whether general or special), and governs the venue of an action for patent infringement against an alien. The District Court therefore erred in holding that § 1400(b) (which provides that a patent infringement suit may be brought in the district of the defendant's residence, or where he has committed infringement acts and has a regular place of business) is the exclusive provision governing venue in patent infringement litigation. Pp. 406 U. S. 708-714.

442 F.2d 420, affirmed.

MARSHALL, J., delivered the opinion for a unanimous Court.