Pharma-Craft Corporation is the assignee of a patent of an anti-perspirant deodorant stick. It brought suit in the District Court for the Middle District of Georgia against F. W. Woolworth Co. and Associated Products, Inc. alleging infringement by Woolworth in the sale in Macon, Georgia, and elsewhere, of products infringing the patent, and by Associated in selling infringing products to Woolworth. Injunction, damages and costs are sought. Woolworth, doing business in the district where sued, was served with process. Associated is not within the district and has not been served. Woolworth filed a motion to transfer the cause under 28 U.S.C.A. § 1404(a) to the District Court of the Northern District of Illinois. Affidavits in support of and in opposition to the motion were filed. In an opinion by the
As in Ex parte Chas. Pfizer & Co., Inc., 5 Cir., 1955, 225 F.2d 720, the District Court considered all pertinent facts, properly construed the statute and did not abuse its discretion. The rule announced in that case governs here.
The motion for leave to file a petition for a writ of mandamus is