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RYOBI AMERICA CORP. v. PETERS

Civ. A. No. 8:92-2468-3.

815 F.Supp. 172 (1993)

RYOBI AMERICA CORPORATION v. Jerry M. PETERS.

United States District Court, D. South Carolina, Anderson Division.

March 10, 1993.

Attorney(s) appearing for the Case

Robert Bugos, Easley, SC, Ernie L. Brooks, John E. Nemazi, John M. Halan, Brooks & Kushman, Southfield, MI, for plaintiff.

Jefferson V. Smith, Jr., Carter, Smith, Merriam, Rogers & Traxler, Greer, SC, Hubert E. Dubb, Jill L. Robinson, Fliesler, Dubb, Meyer & Lovejoy, San Francisco, CA, for defendant.

ORDER

GEORGE ROSS ANDERSON, Jr., District Judge.

This lawsuit is a declaratory judgment action in which the plaintiff, Ryobi, seeks a determination that the defendant's patent, U.S. Patent No. 4,445,412 (the '412 patent), is invalid, unenforceable, or that Ryobi has not infringed on the patent. The defendant Peters has filed a motion to dismiss under Fed.R.Civ.P. 12(b). Peters asserts that no justiciable controversy exists, that this Court lacks personal...

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