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R. D. WERNER CO., INC. v. SEARS, ROEBUCK & CO.

No. C 71-898.

349 F.Supp. 660 (1972)

R. D. WERNER CO., INC., Plaintiff, v. SEARS, ROEBUCK & CO. et al., Defendants.

United States District Court, N. D. Ohio, E. D.

March 30, 1972.

Attorney(s) appearing for the Case

George I. Meisel, Squire, Sanders & Dempsey. Cleveland, Ohio, for R. D. Werner Co., Inc.

Thomas V. Koykka, Arter & Hadden, Cleveland, Ohio, for Sears, Roebuck & Co.

Anthony R. Chiara, Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., for Chamberlain Manufacturing Corp.

MEMORANDUM and ORDER

WALINSKI, District Judge.

This cause came before the Court upon defendants' motion to dismiss for lack of venue under 28 U.S.C. § 1400(b), or, in the alternative, to transfer under 28 U.S.C. § 1406(a).

Venue in a patent infringement action such as this is governed solely by 28 U.S.C. § 1400(b):

"* * * Any civil action for patent infringement may be brought in the judicial district where the defendant ...

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