Legal Opinion
Premo Pharmaceutical Laboratories, Inc. v. Pfizer Pharmaceuticals, Inc.
District Court, S.D. New York
Decided March 5, 1979No. 78 Civ. 5234 (MP)PublishedCited by 10 opinions
1Opinion of the Court
OPINION
POLLACK, District Judge.
Premo Pharmaceutical Laboratories, Inc., has sued for a declaratory judgment that two patents held by the defendant, Pfizer Pharmaceuticals, Inc., are invalid and not infringed by a drug product that Premo manufactures and sells. Pfizer has moved under Fed.R.Civ.P. 12(b)(1) and (6) to dismiss the complaint on the grounds that no actual controversy exists between the parties and therefore that the Court has no jurisdiction under the Declaratory Judgment Act, 28 U.S.C. § 2201.
For the reasons shown hereafter the complaint must be dismissed.
The requirements in this…
2Cases cited15 opinions
- Broadview Chemical Corporation v. Loctite CorporationCourt of Appeals for the Second Circuit · 1969
- Dewey & Almy Chemical Co. v. American Anode, Inc.Court of Appeals for the Third Circuit · 1943
- Paul A. Muller and Celfil Company Establishment v. Olin Mathieson Chemical CorporationCourt of Appeals for the Second Circuit · 1968
- Super Products Corporation, a Wisconsin Corporation v. D P Way Corporation, a Wisconsin CorporationCourt of Appeals for the Seventh Circuit · 1977
- Wembley, Inc. v. Superba Cravats, Inc.Court of Appeals for the Second Circuit · 1963
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3Cited by10 opinions
- International Harvester Company v. Deere & CompanyCourt of Appeals for the Seventh Circuit · 1980
- Sk&f, Co. v. Premo Pharmaceutical Laboratories, Inc.Court of Appeals for the Third Circuit · 1980
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- Indium Corp. of America v. Semi-Alloys, Inc.District Court, N.D. New York · 1983
- CAE Screenplates, Inc. v. Beloit Corp.District Court, E.D. Virginia · 1997
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