BRAYTON PURCELL LLP v. RECORDON & RECORDON

No. 07-15383.

575 F.3d 981 (2009)

BRAYTON PURCELL LLP, a California partnership, Plaintiff-Appellee, v. RECORDON & RECORDON, a California partnership, Defendant-cross-claimant-Appellant, v. Apptomix Inc.; Jonathan Lee, Cross-defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2009.


Attorney(s) appearing for the Case

Jacob D. Zamora, Law Office of Jacob D. Zamora, Marysville, CA, for the defendant-appellant.

David W. Fermino, Brayton Purcell LLP, Novato, CA, for the plaintiff-appellee.

Opinion by Judge D.W. NELSON; Dissent by Judge REINHARDT.


D.W. NELSON, Circuit Judge:

Recordon & Recordon ("Recordon") appeals the district court's denial of its motion to dismiss for improper venue.1 In copyright infringement actions, venue is proper "in the district in which the defendant... resides or may be found." 28 U.S.C. § 1400(a). This circuit interprets this provision to allow venue in any judicial district where, if treated as a separate...

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