VERMEER MFG. CO. v. DEERE & CO.

No. CIV. 04-1343-SLR.

379 F.Supp.2d 645 (2005)

VERMEER MANUFACTURING COMPANY, Plaintiff, v. DEERE & COMPANY, Defendant.

United States District Court, D. Delaware.

August 3, 2005.


Attorney(s) appearing for the Case

Steven J. Balick, Esquire, and John G. Day, Esquire, of Ashby & Geddes, Wilmington, DE, for Plaintiff. Of Counsel: Jon R. Trembath, Esquire, and Rachel K. Zimmerman, Esquire of Merchant & Gould, Minneapolis, MN.

Karen Jacobs Louden, Esquire, and Benjamin Schaldweiler, Esquire of Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Defendant. Of Counsel: Steven C. Schroer, Esquire, Karl R. Fink, Esquire, Mark W. Hetzler, Esquire, Mark A. Borsos, Esquire, and Christine A. Abuel, Esquire, of Fitch, Even, Tabin & Flannery, Chicago, IL.


MEMORANDUM OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

Pending before the court is a motion filed by defendant Deere & Company ("Deere") to dismiss the case at bar for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) or, in the alternative, to realign the parties. (D.I. 27) Plaintiff Vermeer Manufacturing Company ("Vermeer") has sued Deere for a declaratory judgment that U.S. Patent No. 5,394,682 (...

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