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Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957)
Fourco Glass Co. v. Transmirra Products Corp. No. 310 Argued April 2, 1957 Decided April 29, 1957 353 U.S. 222
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Venue in patent infringement actions is governed exclusively by 28 U.S.C. § 1400(b), which provides that any such action may be brought
in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business;
and 28 U.S.C. § 1391(c) has no application to such actions. Stonite Products Co. v. Melvin Lloyd Co., 315 U.S. 561. Pp. 222-229.
2. A patent infringement action may not be brought against a corporation in a judicial district in which it is not shown to have committed any of the alleged acts of infringement and which is outside the State where it was incorporated, though it has a regularly established place of business in such judicial district. Pp. 222-229.
3. The 1948 revision and recodification of the Judicial Code, 62 Stat. 869, made no substantive change in § 48 of the Judicial Code when it recodified it as 28 U.S.C. § 1400(b). Pp. 225-228.
233 F.2d 885 reversed and remanded.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957) in 353 U.S. 222 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=SKQGJFDR2AXD3W7.
MLA:
U.S. Supreme Court. "Syllabus." Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957), in 353 U.S. 222, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=SKQGJFDR2AXD3W7.
Harvard:
U.S. Supreme Court, 'Syllabus' in Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957). cited in 1957, 353 U.S. 222. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=SKQGJFDR2AXD3W7.
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