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NEILMED PRODCUTS, INC. v. MED-SYSTEMS, INC.

No. C 06-00964 CW.

472 F.Supp.2d 1178 (2007)

NEILMED PRODUCTS, INC., Plaintiff, v. MED-SYSTEMS, INC., Defendant.

United States District Court, N.D. California.

January 10, 2007.

Attorney(s) appearing for the Case

David James Miclean, Karen I. Boyd, Lisa M. Martens, Fish & Richardson P.C., Redwood City, CA, for Plaintiff.

John L. Roberts, San Diego, CA, for Defendant.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS

WILKEN, District Judge.

Defendant Med — Systems, Inc., moves pursuant to Federal Rule of Civil Procedure 12(b)(1) to dismiss this case for lack of subject matter jurisdiction under the Declaratory Judgment Act, 28 U.S.C. § 2201 or, alternatively, pursuant to the Court's discretion. Plaintiff NeilMed Products, Inc., opposes the motion. The matter was heard on January 5, 2007. Having considered all of...

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