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POWERTECH TECHNOLOGY INC. v. TESSERA, INC.

No. 2010-1489.

660 F.3d 1301 (2011)

POWERTECH TECHNOLOGY INC., Plaintiff-Appellant, v. TESSERA, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 30, 2011.

Attorney(s) appearing for the Case

Matthew B. Lowrie , Foley & Lardner, LLP, of Boston, MA, argued for plaintiff-appellant. With him on the brief were Kenneth K. Krosin and George C. Beck , of Washington, DC; George C. Best and Gina A. Bibby , of Palo Alto, CA; and Michael R. Houston , of Chicago, IL.

Joseph M. Lipner , Irell & Manella, LLP, of Los Angeles, CA, argued for the defendant-appellee. With him on the brief were Morgan Chu , Jonathan H. Steinberg , Kenneth J. Weatherwax , and Nathan Lowenstein.

Before DYK, MOORE, and O'MALLEY, Circuit Judges.

DYK, Circuit Judge.

Powertech Technology Inc. ("PTI") filed a declaratory action seeking declarations of non-infringement and invalidity of Tessera, Inc.'s ("Tessera") United States Patent No. 5,663,106 ("'106 patent"). The United States District Court for the Northern District of California dismissed the action for lack of subject matter jurisdiction, finding no Article III case or controversy between the parties. Powertech Tech. Inc. v. Tessera, Inc., No...

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