Legal Opinion
American Cyanamid Co. v. Ethicon, Inc.
District Court, S.D. New York
Decided May 26, 1977No. 76 Civ. 2301 (HFW)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION
WERKER, District Judge.
Defendants have moved to dismiss the complaint in this declaratory judgment action, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, for want of a justiciable controversy. In the alternative, they ask that the court decline to exercise jurisdiction as a matter of judicial discretion.
The complaint alleges that the Davis & Geek Department (“Davis & Geek”) of the Lederle Laboratories at American Cyanamid Company (“Cyanamid”) has developed a releasable surgical needle-suture combination (“releasable suture”)1 which it has…
2Cases cited18 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Kerotest Manufacturing Co. v. C-O-Two Fire Equipment Co.Supreme Court of the United States · 1952
- Dewey & Almy Chemical Co. v. American Anode, Inc.Court of Appeals for the Third Circuit · 1943
- Japan Gas Lighter Association v. Ronson Corp.District Court, D. New Jersey · 1966
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3Cited by2 opinions
- Crown Drug Co., Inc., and Bolar Pharmaceutical Co., Inc. v. Revlon, Inc., Usv Pharmaceutical Corp., and Usv Laboratories, Inc.Court of Appeals for the Seventh Circuit · 1983
- Hudson County News Co. v. Metro Associates, Inc.District Court, D. Massachusetts · 1992