Gulf Research & Development Co. v. Harrison, District Judge

We have for determination a petition for a writ of mandamus to compel the Judge of the District Court for the Southern District of California to withdraw an order of transferral entered in a suit instituted by petitioners seeking damages for alleged patent infringement. In the suit, jurisdiction being conceded, venue was asserted under 28 U.S.C.A. § 1400 (b), as interpreted in the light of 28 U.S. C.A. § 1391(c), in Radio Corporation of America v. Paramount Pictures, Inc., 1950, U.S.D.C.S.D.Cal., No. 8070-WM (not reported), and Farr Co. v. Gratiot, D.C.S.D.Cal.1950, 92 F.Supp. 320 . This case was ordered transferred, under 28 U.S. C.A. § 1406(a), to the District Court for the District of Delaware, on the ground that the definition of corporate “residence” in § 1391(c) is not applicable to § 1400(b). The order being not appealable, the petitioners assert mandamus to be the sole remedy open to them.

The power of this court to issue mandamus can be exercised to protect its appellate jurisdiction. 28 U.S.C.A. § 1651 . Thus, the writ will issue to compel an inferior court to proceed in an action which properly invokes that court’s jurisdiction in order to prevent the inferior court,…