LASKER, District Judge.
In this action to declare a patent invalid and non-infringed, defendant CBS, Inc. ("CBS") moves to dismiss the complaint under Fed.R.Civ.P. 12(b)(1). CBS argues that there is no actual controversy between plaintiff Lex Computer and Management Corp. ("Lex") and CBS, and hence, this court lacks subject matter jurisdiction under 28 U.S.C. § 2201. The motion is granted.
Background
The declaratory judgment action arises...
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