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RESEARCH INSTIT. FOR MED. v. ALUMNI RES. FOUND.

No. 85-C-1060.

647 F.Supp. 761 (1986)

RESEARCH INSTITUTE FOR MEDICINE AND CHEMISTRY, INC., Plaintiff, v. WISCONSIN ALUMNI RESEARCH FOUNDATION, INC., Defendant.

United States District Court, W.D. Wisconsin.

November 4, 1986.

Attorney(s) appearing for the Case

Foley & Lardner, Madison, Wis. (Goldstein & Manello, Boston, Mass., of counsel), for plaintiff.

Ross & Stevens, S.C., Madison, Wis. (Haight, Hofeldt, Davis & Jambor, Chicago, Ill., of counsel), for defendant.

OPINION AND ORDER

JAMES E. DOYLE, District Judge.

This case involves defendant's (WARF) three patents for two medically efficacious vitamin D3 derivatives, their invention, manufacture and use. In count I of its amended complaint, plaintiff (RIMAC) seeks a declaration of patent invalidity, voidness, and unenforceability. Defendant has moved under Fed.R.Civ.P. 12(b)(1) to dismiss count I for lack of subject matter jurisdiction. It argues...

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