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SL WABER, INC. v. AMERICAN POWER CONVERSION CORP.

No. Civ.A. 97-4048 JBS.

135 F.Supp.2d 521 (1999)

SL WABER, INC., Plaintiff, v. AMERICAN POWER CONVERSION CORPORATION, Defendant and Third-Party Plaintiff, v. Alex J. Severinsky, Third-Party Defendant.

United States District Court, D. New Jersey.

March 22, 1999.

Attorney(s) appearing for the Case

Arnold B. Calmann, Saiber Schlesinger Satz & Goldstein, Newark, NJ, Herbert F. Schwartz, Thomas L. Gianetti, Fish & Neave, New York City, for plaintiff.

Raymond M. Tierney, Jr., Shanley & Fisher, Morristown, NJ, Edgar H. Martin, Kevin E. Joyce, Pillsbury Madison & Sutro LLP, Washington, DC, for defendant/third-party plaintiff.

OPINION

SIMANDLE, District Judge.

This matter is before the court on the motion of plaintiff, SL Waber, Inc. ("Waber"), to dismiss the counterclaim of defendant, American Power Conversion Corporation ("APC"), for lack of subject matter jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(1), insofar as APC seeks a declaratory judgment that U.S.Patent No. 5,458,991 ("the '991 patent") is invalid, unenforceable and not infringed, and for leave to...

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