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PHILLIPS PLASTICS v. KATO HATSUJOU K.K.

No. 93-1530.

57 F.3d 1051 (1995)

PHILLIPS PLASTICS CORPORATION, Plaintiff-Appellant, v. KATO HATSUJOU KABUSHIKI KAISHA, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 15, 1995.

Attorney(s) appearing for the Case

David K. Tellekson, Merchant & Gould, Minneapolis, MN, argued for plaintiff-appellant. Alan G. Carlson, Philip P. Caspers and Theodore R. Plunkett, Merchant, Gould, Smith, Edell, Welter and Schmidt, P.A., Minneapolis, MN, were on the brief for plaintiff-appellant. Of counsel was James E. Garvey.

Nicholas J. Seay, Quarles & Brady, Madison, WI, argued for defendant-appellee. With him on the brief were Donald K. Schott and Anthony A. Tomaselli.

Before NEWMAN, PLAGER, and CLEVENGER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

The district court dismissed this declaratory action for absence of a justiciable controversy. On review of the premises, we conclude that the district court's ruling shall be affirmed.1

Background

The patentee Kato Hatsujou K.K., a company of Japan, acting through counsel, contacted Phillips Plastics Corporation in October of 1987, stating...

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