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INNOVATIVE THERAPIES, INC. v. KINETIC CONCEPTS

No. 2009-1085.

599 F.3d 1377 (2010)

INNOVATIVE THERAPIES, INC., Plaintiff-Appellant, v. KINETIC CONCEPTS, INC., KCI Licensing, Inc., and KCI USA, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 1, 2010.

Attorney(s) appearing for the Case

Jonathan G. Graves, Cooley Godward Kronish, LLP, of Reston, VA, argued for plaintiff-appellant. With him on the brief was Justin P.D. Wilcox.

Erik R. Puknys, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Palo Alto, CA, argued for defendants-appellees. With him on the brief were Wendy A. Herby; Donald R. Dunner and Don O. Burley, of Washington, DC. Of counsel on the brief were R. Laurence Macon and Karen Kroesche Gulde, Akin Gump Strauss Hauer & Feld LLP, of San Antonio, TX.

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

NEWMAN, Circuit Judge.

Innovative Therapies, Inc. ("ITI") appeals the judgment of the United States District Court for the District of Delaware, dismissing ITI's declaratory judgment action against Kinetic Concepts, Inc. ("KCI") based on absence of an actual controversy within the contemplation of the Declaratory Judgment Act.1 We affirm the dismissal.

DISCUSSION

The five patents at issue are United States Patent Nos...

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