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DUPONT PHARMACEUTICALS COMPANY v. SONUS PHARMACEUTICALS, INC.

No. CIV.A. 00-11391-EFH.

122 F.Supp.2d 230 (2000)

DUPONT PHARMACEUTICALS COMPANY, Dupont Contrast Imaging, Inc., E.I .Dupont de Nemours & Co., Inc. and Dupont Pharma, Inc. Plaintiffs v. SONUS PHARMACEUTICALS, INC., Nycomed Amersham USA Holding Inc., Nycomed Amersham Imaging, and Nycomed Imaging AS, Defendants.

United States District Court, D. Massachusetts.

November 29, 2000.

Attorney(s) appearing for the Case

John C. Wyman, Howard J. Castleman, Murtha Cullina Roche Carens & DeGiacomo, Michael J. Connolly, Murtha Cullina Roche Carens & DeGiacomo, Boston, MA, for Dupont Pharmaceuticals Company, Dupont Contrast Imaging, Inc., E.I. Du Pont de Nemours & Co., Inc., Dupont Pharma, Inc., Plaintiffs.

Sarah C. Columbia, Choate, Hall & Stewart, Boston, Eric J. Marandett, Choate, Hall & Stewart, Boston, Thomas J. Meloro, Richard L. DeLucia, Michael D. Loughnane, Jeffrey M. Butler, A. Antony Pfeffer, Kenyon & Kenyon, New York City, for Sonus Pharmaceuticals, Inc., Nycomed Amersham USA Holding Inc., Nycomed Amersham Inc, Nycomed Amersham Imaging, Nycomed Imaging AS, Defendants.

MEMORANDUM AND ORDER

HARRINGTON, District Judge.

The plaintiffs in this matter have asked this Court to apply the principle of comity known as the "first-filed" rule and retain the declaratory judgment action that they have filed against the defendants. As between a mirror-image declaratory judgment action and an affirmative patent infringement action, such as the one filed by Nycomed Imaging AS in the Western District of Washington, the general rule...

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