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BENITEC AUSTRALIA, LTD. v. NUCLEONICS, INC.

No. 06-1122.

495 F.3d 1340 (2007)

BENITEC AUSTRALIA, LTD., Plaintiff-Appellee, v. NUCLEONICS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 20, 2007.

Attorney(s) appearing for the Case

Scott A.M. Chambers, Patton Boggs, LLP, of McLean, VA, argued for plaintiff-appellee. On the brief were Marc R. Labgold, Kevin M. Bell, and Richard J. Oparil, of Washington, DC.

Jason A. Lief, McDermott, Will & Emery, of New York, NY, argued for defendant-appellant. With him on the brief were Dennis J. Mondolino, and Christine A. Pepe.

Before RADER and DYK, Circuit Judges, and WHYTE, District Judge.

Opinion for the court filed by District Judge WHYTE. Dissenting opinion filed by Circuit Judge DYK.

WHYTE, District Judge.

Nucleonics, Inc. ("Nucleonics") appeals from the judgment of dismissal for lack of subject matter jurisdiction entered by the United States District Court for the District of Delaware on Nucleonics's declaratory judgment counterclaims against Benitec Australia, Ltd. ("Benitec"). We affirm.

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