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BONTERRA AMERICA, INC. v. BESTMANN

Civ. A. No. 95-633 SSH.

907 F.Supp. 4 (1995)

BONTERRA AMERICA, INC., Plaintiff, v. Lothar BESTMANN, Defendant.

United States District Court, District of Columbia.

November 22, 1995.

Attorney(s) appearing for the Case

Morris Kletzkin, Friedlander, Misler, Friedlander, Sloan & Herz, Washington, DC, for Plaintiff.

Joseph Holland, Ralph A. Mittelberger, Fish & Richardson, Washington, DC, for Defendant.

MEMORANDUM OPINION

STANLEY S. HARRIS, District Judge.

Plaintiff BonTerra America ("BonTerra") filed this action against defendant Bestmann in March of this year, seeking a declaratory judgment that United States Letters Patent No. 5,338,131 (the "'131 patent") is invalid or unenforceable. Defendant Bestmann owns the '131 patent. Bestmann has moved to dismiss plaintiff's action under Fed.R.Civ.P. 12(b)(6) for lack of subject matter jurisdiction. Upon...

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