Last year ATMI sued a number of defendants accusing them of infringing seven ATMI patents. One defendant, Millipore, counterclaimed for a declaratory judgment of non-infringement on one of the patents (7,469,884). Only ATMI never accused Millipore of infringing the ‘884 patent and so it moved to dismiss that specific counterclaim. Judge Stearns noted that the court “takes ATMI at its word” and declined to exercise jurisdiction over that counterclaim, dismissing it without prejudice.
Advanced Technology Materials, Inc. v. Millipore Corp., 10-11247-RGS (D. Mass. May 5, 2011)
Comments