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MILLIPORE CORP. v. UNIVERSITY PATENTS, INC.

Civ. A. No. 86-403-JRR.

682 F.Supp. 227 (1987)

MILLIPORE CORPORATION, Plaintiff, v. UNIVERSITY PATENTS, INC., Defendant.

United States District Court, D. Delaware.

September 21, 1987.

Attorney(s) appearing for the Case

Douglas E. Whitney and Mary B. Graham of Morris, Nichols, Arsht & Tunnell, Wilmington, Del. (Paul H. Heller and Steven J. Lee of Kenyon & Kenyon, New York City, of counsel), for plaintiff.

Jeffrey M. Weiner of Bayard, Handelman & Murdoch, Wilmington, Del. (Arthur M. Lieberman and David A. Kalow of Lieberman, Rudolph & Nowak, New York City), for defendant.

MEMORANDUM OPINION

ROTH, District Judge.

This is a declaratory judgment action brought pursuant to 28 U.S.C. § 2201 by plaintiff Millipore Corporation (Millipore) for a declaratory judgment that United States patents 4,415,732 (the '732 patent) and 4,458,066 (the '066 patent) owned by defendant University Patents, Inc. (UPI) are invalid, unenforceable and have not been infringed by Millipore. UPI has countered this claim by filing a Motion to Dismiss...

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