Legal Opinion
Benitec Australia, Ltd. v. Nucleonics, Inc.
Court of Appeals for the Federal Circuit
Decided July 20, 2007No. 2006-1122PublishedCited by 119 opinions
1Opinion of the Court
Opinion for the court filed by District Judge WHYTE. Dissenting opinion filed by Circuit Judge DYK.
WHYTE, District Judge.
Nucleonics, Inc. (“Nucleonics”) appeals from the judgment of dismissal for lack of subject matter jurisdiction entered by the United States District Court for the Dis*1342trict of Delaware on Nucleonics’s declaratory judgment counterclaims against Beni-tec Australia, Ltd. (“Benitec”). We affirm.
I. BACKGROUND
On March 22, 2004, Benitec sued Nu-cleonics for infringing U.S. Patent No. 6,573,099 (“'099 patent”), which relates to RNA-based disease therapy. Both parties are…
2Cases cited16 opinions
- Steffel v. ThompsonSupreme Court of the United States · 1974
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- Cardinal Chemical Co. v. Morton International, Inc.Supreme Court of the United States · 1993
- Bp Chemicals Limited v. Union Carbide CorporationCourt of Appeals for the Federal Circuit · 1993
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