Wright Medical Technology, Inc. v. Osteonics Corp.

AMENDED ORDER OF DISMISSAL

GIBBONS, Chief Judge.

Before the court is the motion of defendants, Osteonics Corporation and Stryker Corporation, for dismissal pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. This is an action for declaratory judgment filed by plaintiff, Wright Medical Technology, Inc. (Wright), to determine whether its new product, the BRIDGE Hip Implant, infringes on U.S. Patent No. 5,133,772 (’772 patent) held by defendants. 1 For the reasons set forth below, the court finds that no actual controversy exists and grants defendants’ motion for…