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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION CLONTECH LABORATORIES, INC., Plaintiff, Civil Action No. AW-00-1879 vs. LIFE TECHNOLOGIES, INC., Defendant.

MEMORANDUM OPINION Currently pending before the Court is Defendant's Motion to Dismiss Plaintiff's Action for Declaratory Relief for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1) [6-1]. This case involves United States Patent Number 6,063,608 ("the `608 patent") owned by Life Technologies, Inc. ("LTI"). On June 22, 2000, Clontech Laboratories, Inc. ("Clontech"), the defendant in a concurrent action between the parties, filed an action seeking a declaratory judgment on the invalidity, unenforceability, and noninfringement of the `608 patent pursuant to 28 U.S.C.

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Maryland Law