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SIERRA APPLIED SCIENCES, INC. v. ADVANCED ENERGY INDUST., INC.

No. CIV. 01-B-1796 (CBS).

258 F.Supp.2d 1148 (2003)

SIERRA APPLIED SCIENCES, INC., Plaintiff, v. ADVANCED ENERGY INDUSTRIES, INC., Defendant.

United States District Court, D. Colorado.

April 22, 2003.

Attorney(s) appearing for the Case

Charles Henry Torres, Christine victoria Theisen, Charles H. Torres PC, Denver, CO, Susan E. Chetlin, Dahl & Oserloth, L.L.P., Denver, CO, Matthew Gabriel McFarland, Bieging, Shapiro & Burrus, LLP, Denver, CO, for plaintiff.

Thomas C. Grimm, Morris, Nicholes, Arsht & Tunnell, Wilmington, DE, Matthew B. Lehr, Latham & Watkins, Menlo Park, CA, Craig A. Neugeboren, Colley, Godward, LLP, Broomfield, CO, for defendant.

MEMORANDUM OPINION AND ORDER

BABCOCK, Chief Judge.

I. Background

This is an action for declaratory judgment of patent non-infringement and invalidity, and for injunctive relief. Defendant states counterclaims for patent infringement of three of its U.S. patents. Defendant moves for dismissal for lack of subject-matter jurisdiction under Fed.R.Civ.P. 12(b)(1). A hearing was held on the motion to dismiss March 24, 2003. For the following reasons...

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