MEMORANDUM
TENNEY, District Judge.
Defendant, Union Carbide Corporation (hereinafter referred to as "Carbide"), moves pursuant to Fed.R. Civ.P. 12 for an order dismissing the within complaint for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction.
Plaintiff, W. R. Grace & Co. (hereinafter referred to as "Grace"), seeks declaratory judgment that two patents
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