Wimo Labs, LLC v. Hub Pen Co., Inc., No. 15 C 8424, Slip Op. (N.D. Ill. Oct. 8, 2015) (Shadur, Sen. J.).

Judge Shadur sua sponte ordered plaintiff Wimo’s counsel to appear and discuss whether venue was proper pursuant to 28 U.S.C. § 1400(b) in this patent case.

Based upon Wimo’s complaint, the Court noted that:

  • Wimo was a Delaware corporation with a principal place of business in California.
  • Manufacturer defendant Hub Pen was a Massachusetts company with a principal place of business also in Massachusetts.
  • Hub Pen’s alleged customer was also sued and it had a principal place of business in Sterling, Illinois.

In addition to being prepared to address venue at an initial status conference, the Court asked for a list of relevant case citations – without a brief – that Wimo would reply upon.