I have fielded several emails raising the same issue about the scope of § 1391(b)(3). I think I was not clear enough, so let me clarify.
The provision says "if there is no district in which an action may otherwise be brought as
provided in this section, any judicial district in which any defendant
is subject to the court’s personal jurisdiction with respect to such
action." That does not mean you apply (b)(3) if (b)(1) and (b)(2) are not satisfied as to the current district. It means you turn to (b)(3) in the chosen district only if no other federal district satisfies (b)(1) or (b)(2). If another district satisfies either--even if it is not the district in which the plaintiff seeks to bring the action--then the first part of (b)(3) is not satisfied and cannot be used to establish venue in the current district.
