Richard E. Self v. Fisher Controls Company, Inc., and Control Specialists, Inc.

Plaintiff appeals from the dismissal of this patent infringement action, as to both defendants, by the United States District Court for the Central District of California. The Court granted the motion of Fisher Controls Company, Inc. (hereinafter, “Fisher”) to dismiss the complaint for lack of venue, and the motion of Control Specialists, Inc., (hereinafter, “CSI”) for summary judgment. We affirm the dismissal as to Fisher, but reverse the summary judgment in favor of CSI.

A patent infringement action against a corporate defendant, such as Fisher, may be brought in a judicial district (a) where it resides, which can only be a district within its state of incorporation, or (b) where it has committed acts of infringement and has a regular and established place of business [ 28 U.S.C. § 1400 (b); Sterling Mfg. Co. v. Radio Shack, 364 F.Supp. 1068, 1069-1070 (N.D.Ohio 1973)]. Fisher does not reside in the Central District of California, and, for purposes of this appeal, the parties are assuming that Fisher has a regular and established place of business in the Central District. Thus, the issue as to Fisher is whether it has committed acts of infringement in the Central…