ST. LOUIS – U.S. District Judge Henry Edward Autrey of U.S. District Court for the Eastern District of Missouri, Eastern Division scattered an array of patent infringement claims against several defendants to different legal venues while dismissing dozens of parties for improper venue in a May 14 order.
At the heart of the issue is a complaint by plaintiff Carlis G. Stephens that defendants infringed on his patent regarding commercially sold animal traps.
In the complaint, the plaintiff alleged the defendants violated the Lanham Act and the Patent Act. Plaintiff also alleged false advertising and false marketing in the complaint.
In response to these claims, a defendant had moved to dismiss the case for improper venue.
In ruling, the judge noted a lack of amendments to a section of code related to civil actions for patent infringement, saying Congress had not amended that statute since a major case, Fourco Glass Company v. Transmirra Products Corporation, led to a court rejecting certain ideas about territory and jurisdiction, ideas with some bearing on the case at hand.
Autrey’s order explains that in patent suits, 28 U.S.C. § 1400(b) governs issues related to venue, and that the law states that “any civil action for patent infringement may be brought in (either) the judicial district where the defendant resides, or … where the defendant has committed acts of infringement and has a regular and established place of business.”
“In 1957 …the Supreme Court determined that for purposes of corporate defendants, a corporation ‘resides’ only in its state of incorporation,” the court wrote. “In so holding, the court rejected the argument that § 1400(b) incorporates the broader definition of corporate ‘residence’ contained in the general venue statute, 28 U.S.C. § 1391(c).”
Autrey’s order effectively cut down the number of defendants by more than 50 percent as part of an initial effort to resolve the case. The order also transferred infringement claims against several defendants to other jurisdictions.
Autrey also gave the plaintiff 10 days to amend the claim.