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MICRO DATA BASE SYSTEMS v. NELLCOR PURITAN-BENNETT

No. 4:97 CV 4 AS.

20 F.Supp.2d 1258 (1998)

MICRO DATA BASE SYSTEMS, INC., Plaintiff and Counter-Defendant, v. NELLCOR PURITAN-BENNETT, INC. and Puritan-Bennett Corp. Defendants and Counterclaimants.

United States District Court, N.D. Indiana, Hammond Division.

August 3, 1998.

Attorney(s) appearing for the Case

Susan K Roberts, William P. Kealey, Ann Marie W. Waldron, Stuart and Branigin, Lafayette, IN, for plaintiff.

Gary P. Price, Peter S. French, John A. Broyles, Lewis and Kappes, Indianapolis, IN, Tammy J. Meyer, Mark E. Walker, Lewis and Wagner, Indianapolis, IN, for Nellcor Puritan Bennett, Inc., Puritan-Bennett Corp., Nellcor Puritan Bennett, Inc., defendants.

Susan K. Roberts, William P. Kealey, Ann Marie W. Waldron, Stuart and Branigin, Lafayette, IN, for Micro Data Base Systems, Inc., counter-defendant.

MEMORANDUM AND ORDER

ALAN SHARP, District Judge.

I. Procedural History

This cause is before this court on defendant Nellcor Puritan Bennett, Inc. ("Nellcor")'s motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim, filed May 19, 1998, and on plaintiff Micro Data Base Systems, Inc. ("MDBS")'s motion for leave to amend complaint, filed June 2, 1998. Both parties have responded to the other's motions and have briefed...

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