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DATEX-OHMEDA, INC. v. HILL-ROM SERVICES, INC.

Civil Action No. 01-666-JJF.

185 F.Supp.2d 407 (2002)

DATEX-OHMEDA, INC., Plaintiff, v. HILL-ROM SERVICES, INC., Defendant.

United States District Court, D. Delaware.

February 5, 2002.

Attorney(s) appearing for the Case

Harold Pezzner, Esquire of Connolly Bove Lodge & Hutz LLP, Wilmington, Delaware. Of Counsel: Sidney David and Charles P. Kennedy, Esquires of Lerner, David, Littenberg, Krumholz & Mentlik, LLP, Westfield, New Jersey. Attorneys for Plaintiff.

Steven J. Balick and Steven T. Margolin, Esquires of ASHBY & Geddes, Wilmington, Delaware. Of Counsel: Donald Knebel, Paul D. Hunt, and Deborah Pollack-Milgate, Esquires of Barnes & Thornburg, Indianapolis, Indiana. Attorneys for Defendant.

OPINION

FARNAN, District Judge.

Presently before the Court is a Motion To Dismiss For Failure To State A Claim Or For Lack Of Subject Matter Jurisdiction Or, In The Alternative, To Transfer filed by Hill-Rom Services, Inc. ("Hill-Rom"). (D.I.6). For the reasons discussed, the Court will deny the motion.

BACKGROUND

Plaintiff Datex-Ohmeda, Inc. ("Datex") is a Delaware corporation engaged in the manufacture and sale of medical equipment...

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