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BP CHEMICALS LTD. v. UNION CARBIDE CORP.

No. 89 Civ. 6967(MGC).

757 F.Supp. 303 (1991)

BP CHEMICALS LIMITED, Plaintiff, v. UNION CARBIDE CORPORATION, Defendant.

United States District Court, S.D. New York.

February 26, 1991.

Attorney(s) appearing for the Case

Brooks Haidt Haffner & Delahunty, New York City, Harold Haidt, G. Thomas Delahunty, Charles G. Mueller, Ford F. Farabow, Jr., Michael C. Elmer, J. Michael Jakes, Joann M. Neth, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., of counsel, for plaintiff.

Fitzpatrick, Cella, Harper & Scinto, New York City by Joseph M. Fitzpatrick, Nicholas M. Cannella, Scott K. Reed, Thomas H. Beck, for defendant.

OPINION AND ORDER

CEDARBAUM, District Judge.

Plaintiff BP Chemicals Limited ("BP"), a British corporation, sues Union Carbide Corporation ("Carbide"), a New York corporation, for a declaratory judgment that Carbide's patent number 4,543,399 ("the '399 patent") is invalid, unenforceable and not infringed. Carbide moves to dismiss for lack of subject matter jurisdiction on the ground that there is no actual controversy between the parties and, in the alternative...

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