The Bobrick Corporation v. American Dispenser Co., Inc.

Bobrick, a Delaware corporation, has a patent on soap dispensers. It says American, a New York corporation, and others in California are selling and using devices that infringe the patent.

This infringement action was filed in the Central Division of the District Court of Southern California, now the Central District of California.

Promptly after Bobrick filed its complaint in California against American, the latter brought a declaratory judgment action on the same patent in the United States District Court for the District of Delaware. Thus, Bobrick wants the issues tried in California and American wants them tried in Delaware.

The district court’s first order in California with reference to American in pertinent part, is as follows:

For an understanding of the order, one must examine Bobrick’s attempted service on American, American’s attack on it, and American’s connections with the State of California.

Burton L. Feinson is an officer of American. He was named as one of the defendants. The California process apparently was handed to him in New York under an announcement that the service was upon him individually and upon American. No one now contends that this service was…