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TYCO HEALTHCARE GROUP v. ETHICON ENDO SURGERY

Civil No. 3:04cv1702 (JBA).

531 F.Supp.2d 282 (2008)

TYCO HEALTHCARE GROUP LP d/b/a United States Surgical, a division of Tyco Healthcare Group LP, Plaintiff and Counterclaim-Defendant, v. ETHICON ENDO-SURGERY, INC., Defendant and Counterclaim-Plaintiff.

United States District Court, D. Connecticut.

January 9, 2008.

Attorney(s) appearing for the Case

Boyd T. Cloern, Clifford Chance US LLP, Washington, DC, C. Joseph Laughon, II, Daryl Fairbairn, Drew M. Wintringham, III, Mark Kirsch, Mark W. Rueh, Clifford Chance US LLP, Edmund S. Aronowitz, New York City, Jacob D. Zeldes, Zeldes, Needle & Cooper, Bridgeport, CT, for Plaintiff.

Barbara L. Mullin, Dianne B. Elderkin, Richard B. Leblanc, Ruben H. Munoz, Steve D. Maslowski, Woodcock Washburn, LLP-PA, Philadelphia, PA, James T. Shearin, Pullman & Comley, Bridgeport, CT, for Defendant.

Edward R. Scofield, Zeldes, Needle & Cooper, Bridgeport, CT, for Plaintiff/Counter-Defendant.

Matthew L. Fore, Williams & Connolly, Washington, DC, for Counter-Defendant.

MEMORANDUM OF OPINION DISMISSING CASE FOR LACK OF SUBJECT MATTER JURISDICTION

JANET BOND ARTERTON, District Judge.

In the trial of this patent infringement case, following the close of evidence in the Plaintiffs case-in-chief, Defendant Ethicon Endo-Surgery, Inc. ("Ethicon") has moved for a judgment as a matter of law on several grounds, including that the Court lacks subject matter jurisdiction because Plaintiff Tyco Healthcare Group LP ("Tyco...

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