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VE HOLDING CORP. v. JOHNSON GAS APPLIANCE CO.

Nos. 90-1270, 90-1274.

917 F.2d 1574 (1990)

VE HOLDING CORPORATION, Plaintiff-Appellant, v. JOHNSON GAS APPLIANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 24, 1990.

Attorney(s) appearing for the Case

Alan B. Rich, Johnson & Gibbs, P.C., Dallas, Tex., argued for plaintiff-appellant. With him on the brief was Thomas L. Crisman. Also on the brief were L. Dan Tucker, Hubbard, Thurman, Turner & Tucker, Dallas, Tex. and J. William Wigert, Jr. and Virginia Shaw Medlen, Limbach, Limbach & Sutton, San Francisco, Cal., of counsel.

George M. Schwab, Townsend & Townsend, San Francisco, Cal., argued for defendant-appellee. With him on the brief was Gerald P. Dodson.

Before ARCHER, PLAGER and CLEVENGER, Circuit Judges.

PLAGER, Circuit Judge.

For almost one hundred years, a specific statutory provision, currently section 1400(b) of chapter 87, title 28, U.S. Code, has set forth the bases for establishing venue in patent infringement actions. Where the defendant `resides' is one of those bases. Supreme Court decisions, with one exception, have maintained that that provision is unaffected by other statutory provisions governing venue.

In 1988 Congress adopted a new definition...

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