American Hospital Supply Corp. v. Damon Corp.

MEMORANDUM

LEIGHTON, District Judge.

This cause is before the court on the motion of defendant, Damon Corporation (“Damon”), pursuant to Fed.R.Civ.P. 12(b)(1), to dismiss plaintiff’s complaint on the ground that the court lacks jurisdiction over the subject matter of the suit. Also before the court is the motion of plaintiff, American Hospital Supply Corporation (“AHSC”), pursuant to Fed.R.Civ.P. 15(a), to file an amended complaint.

I

The litigation arises out of a license agreement entered into by the parties whereby AHSC became licensee to a patent for chemical analyzers owned by Damon.…