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ABB INC. v. COOPER INDUSTRIES, LLC

No. 2010-1227.

635 F.3d 1345 (2011)

ABB INC. and ABB Holdings, Inc., Plaintiffs-Appellants, v. COOPER INDUSTRIES, LLC and Cooper Power Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

February 17, 2011.

Attorney(s) appearing for the Case

David L. Burgert , Porter & Hedges, LLP, of Houston, TX, argued for plaintiffs-appellants. On the brief were Kyle B. Fleming , Todd R. Tucker and Jay R. Campbell , Renner, Otto, Boisselle & Sklar, LLP, of Cleveland, OH.

Robert J. Mcaughan, Jr. , Locke Lord Bissell & Liddell LLP, of Houston, TX, argued for defendants-appellees. With him on the brief were Craig L. Weinstock and Thomas L. Casagrande .

Before RADER, Chief Judge, LOURIE and DYK, Circuit Judges.

DYK, Circuit Judge.

Plaintiffs ABB Inc. and ABB Holdings, Inc. (collectively "ABB") filed a declaratory judgment action against defendants Cooper Industries, LLC and Cooper Power Systems, Inc. (collectively "Cooper") seeking a declaration of noninfringement as to the claims of several Cooper patents. The district court dismissed ABB's claim for lack of subject matter jurisdiction, determining that the case did not arise under the patent laws and that there was no...

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