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PREMO PHARM. LABS. v. PFIZER PHARM., INC.

No. 78 Civ. 5234 (MP).

465 F.Supp. 1281 (1979)

PREMO PHARMACEUTICAL LABORATORIES, INC., Plaintiff, v. PFIZER PHARMACEUTICALS, INC., Defendant.

United States District Court, S. D. New York.

March 5, 1979.

Attorney(s) appearing for the Case

Kirschstein, Kirschstein, Ottinger & Cobrin, New York City, for plaintiff, by Peter T. Cobrin, New York City.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendant, by David Klingsberg, New York City.

OPINION

POLLACK, District Judge.

Premo Pharmaceutical Laboratories, Inc., has sued for a declaratory judgment that two patents held by the defendant, Pfizer Pharmaceuticals, Inc., are invalid and not infringed by a drug product that Premo manufactures and sells. Pfizer has moved under Fed.R.Civ.P. 12(b)(1) and (6) to dismiss the complaint on the grounds that no actual controversy exists between the parties and therefore that the Court has no jurisdiction...

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