Replies to post #22054 on Healthier Choices Mgmt Corp (HCMC)

[Grateful_Trader]

20.

Venue is proper in this District as to Philip Morris USA under 28


U.S.C. § 1400(b) because, 

inter alia

, Philip Morris USA has regular and established places of business in the District. Further, Philip Morris USA uses its regular and established places of business in this District to offer for sale, sell, use, and/or instruct its customers to use the accused infringing product thereby committing, inducing, and/or contributing to acts of patent infringement in this District. (

See 

Exh. D-I.)

21.

Venue is proper as to PMP by virtue of 28 U.S.C. §§ 1391(c)(3) and 1400(b) because PMP is a foreign entity that has committed acts of infringement, or induced others (including, but not limited to, Philip Morris USA) to commit acts of infringement, within this District. Moreover, there is personal jurisdiction over PMP in this District, and thus, venue is proper in this District for this additional reason.