Med-Tec, Inc. v. Kostich

980 F.Supp. 1315 (1997)

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Nature of the Case

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Facts

After an exchange of threatening letters from D to P related to patents D owns; On June 6, 1997, P filed its complaint seeking a declaratory judgment that United States Patent Nos. 5,433,220 and 5,623,949 are invalid, unenforceable, and are not infringed by P. (More details related to the letter sent are discussed in the holding). On July 22, 1997, Ds filed a motion to dismiss. Ds seek dismissal of the declaratory judgment complaint, pursuant to Federal Rule of Civil Procedure 12(b)(1), on the ground that an actual case or controversy as required by 28 U.S.C. § 2201 is lacking in this case. Defendants alternatively moved to dismiss the complaint on the ground of lack of personal jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(2). As an alternative to dismissal, Ds moved to transfer the case to the Northern District of Ohio. P is a corporation organized and existing under the laws of Iowa, with its principal place of business located in Orange City, Iowa.