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HEWLETT-PACKARD CO. v. ACCELERON LLC

No. 2009-1283.

587 F.3d 1358 (2009)

HEWLETT-PACKARD Company, Plaintiff-Appellant, v. ACCELERON LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 4, 2009.

Attorney(s) appearing for the Case

Charlene M. Morrow, Fenwick & West LLP, of Mountain View, CA, argued for plaintiff-appellant. With her on the brief were Erin C. Jones; Lauren E. Whittemore and Darryl M. Woo and Heather N. Mewes, of San Francisco, CA.

Jason W. Cook, Alston & Bird LLP, of Dallas, TX, argued for defendant-appellee. With him on the brief were Patrick J. Flinn and George D. Medlock, Jr., of Atlanta, GA, and Sarah C. Hsia, of New York, NY.

Before MICHEL, Chief Judge, NEWMAN, and MOORE, Circuit Judges.

MICHEL, Chief Judge.

Hewlett-Packard Company ("HP") sued Acceleron LLC ("Acceleron"), the owner of U.S. Patent No. 6,948,021 ("'021 patent"), in the United States District Court for the District of Delaware, seeking declaratory judgment of non-infringement and invalidity of the '021 patent. The district court granted Acceleron's motion to dismiss for lack of declaratory judgment jurisdiction. For the reasons set forth below, we reverse.

I. BACKGROUND

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