No. CV-02-1109-PHX-DGC.

402 F.Supp.2d 1093 (2005)

TRUE CENTER GATE LEASING, INC., an Arizona corporation, Plaintiff, v. SONORAN GATE, L.L.C., an Arizona limited liability company; K-Zell Metals, Inc., an Arizona corporation; Donald Kammerzell and Barbara Kammerzell, husband and wife; and Mike O'Connor, an individual, Defendants.

United States District Court, D. Arizona.

November 16, 2005.

Attorney(s) appearing for the Case

Gregory J. Nelson, Nelson & Roediger, Peter Neil Greenfeld, Greenfeld Law Group, Thomas G. Watkins, III, Law Office of Thomas G. Watkins, Phoenix, AZ, for Plaintiff.

Robert Lee Ehmann, Cavanagh Law Firm PA, Douglas G. Shook, Treon & Shook PLLC, James R. Broening, Robert Thomas Aquinas Sullivan, Broening Oberg Woods & Wilson PC, David S. Rosenthal, Gregory Alan Rosenthal, Rosenthal Law Offices, Phoenix, AZ, for Defendants.


CAMPBELL, District Judge.

In the only claims remaining in this case, Plaintiff True Center Gate Leasing, Inc. ("True Center") seeks a declaratory judgment that two patents held by Defendant K-Zell Metals, Inc. ("K-Zell") are invalid. K-Zell recently has covenanted not to sue True Center or its customers for infringement of the two patents based on past or present acts or products. The Court concludes that this covenant eliminates the case or controversy...

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