No. 2011-1339.

673 F.3d 1372 (2012)

3M COMPANY, Plaintiff-Appellant, v. AVERY DENNISON CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 26, 2012.

Attorney(s) appearing for the Case

John A. Dragseth , Fish & Richardson, P.C., of Minneapolis, MN, argued for plaintiff-appellant. With him on the brief were John C. Adkisson and Deanna J. Reichel . Of counsel on the brief was Kevin H. Rhodes , 3M Innovative Properties Company, of St. Paul, MN.

David L. Bilsker , Quinn Emanuel Urquhart & Sullivan, LLP, of San Francisco, CA, argued for defendant-appellee. With him on the brief were Charles K. Verhoeven , Christopher E. Stretch , Emily C. O'Brien ; and James E. Baker , of New York, NY.

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

LOURIE, Circuit Judge.

3M Company ("3M") appeals from the district court's dismissal of its declaratory judgment action against Avery Dennison Corporation ("Avery") for lack of a case or controversy. See 3M Co. v. Avery Dennison Corp., No. 0:10-CV-3849, 2011 WL 1193382 (D.Minn. Mar. 29, 2011) ("DJ Op."). Because we hold that the district court erred in determining that it would not have jurisdiction under the facts as alleged by 3M, and the district...

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