Brunette Machine Works v. Kockum Industries
Supreme Court of the United States
Brunette Machine Works, Ltd. v. Kockum Industries, Inc.
Certiorari to the United States Court of Appeals for the Ninth Circuit
No. 70-314. Argued: March 23, 1972 --- Decided: June 7, 1972
Title 28 U.S.C. § 1391 (d), providing that "[a]n alien may be sued in any district," embodies the long-established rule that a suit against an alien is wholly outside the operation of all federal venue laws (whether general or special) and governs the venue of an action for patent infringement against an alien. The District Court therefore erred in holding that § 1400 (b) (which provides that a patent infringement suit may be brought in the district of the defendant's residence, or where he has committed infringement acts and has a regular place of business) is the exclusive provision governing venue in patent infringement litigation. Pp. 708-714.
442 F. 2d 420, affirmed.
MARSHALL, J., delivered the opinion for a unanimous Court.
J. Pierre Kolisch argued the cause and filed briefs for petitioner.
Harry M. Cross, Jr., argued the cause and filed a brief for respondent.
Martin J. Adelman filed a brief for I.T.L. Industries Limited as amicus curiae urging reversal.
Curtis F. Prangley, Ronald A. Sandler, and J. Terry Stratman filed a brief for Amerace Esna Corp. as amicus curiae urging affirmance.