“This petition presents the issue of whether a place of business of an independently owned automotive dealership, to whom an auto manufacturer or U.S. distributor sells vehicles that are in turn sold by the dealer to customers, is a place of business of the manufacturer/distributor for the purposes of the patent venue statue, 28 U.S.C. §1400(b).”
“We hold that the dealerships located in the Western District do not constitute regular and established places of business of Volkswagen and Hyundai under § 1400(b) because Stratos has failed to carry its burden to show that the dealerships are agents of Volkswagen or Hyundai under a proper application of established agency law.”
