Guillermo Alfonso Salazar-Velasquez v. Robert Alan Soltis, et al.

Summary

The United States District Court for the Central District of California ordered the plaintiff to show cause why his patent-related action should not be dismissed without prejudice for improper venue. The court explained that venue must be established separately for each defendant under 28 U.S.C. § 1400(b) and gave the plaintiff 30 days to identify proper venue, seek transfer, or request dismissal.

Holdings

1. A federal court may raise the issue of venue on its own motion.
2. The plaintiff bears the burden of establishing that venue is proper.
3. In a patent infringement action involving multiple defendants, venue must be established individually as to each defendant.

Questions Presented

1. Whether the court may raise the issue of venue sua sponte.
2. Whether plaintiff adequately alleged that venue was proper in the Central District of California under 28 U.S.C. § 1400(b).
3. Whether venue in a patent infringement action must be established separately as to each defendant.
4. Whether plaintiff should be required to show cause why the action should not be dismissed without prejudice or transferred for improper venue.

Disposition

other