VE Holding Corp. v. Johnson Gas Appliance Co.

917 F.2d 1574, 16 U.S.P.Q.2d 1614 (1990)

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VE Holding Corp. v. Johnson Gas Appliance Co.

United States Court of Appeals for the Federal Circuit
917 F.2d 1574, 16 U.S.P.Q.2d 1614 (1990)

Facts

VE Holding Corporation (VE) (plaintiff) brought a patent-infringement action against Johnson Gas Appliance Company (Johnson) (defendant) in the United States District Court for the Northern District of California. Johnson, an Iowa corporation, conceded that VE had properly obtained personal jurisdiction over it in that judicial district. However, Johnson moved for dismissal on the ground of improper venue because it did not have a regular and established place of business in Northern California. This motion was in accordance with a longstanding venue provision governing patent and copyright cases, 28 U.S.C. § 1400(b), which stated that venue is proper if (1) the defendant resides in the judicial district or (2) the defendant committed alleged acts of infringement and has a regular and established place of business in the judicial district. The court, relying on this provision, dismissed VE’s suit. VE appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Plager, J.)

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