Declaratory judgment plaintiff cannot create substantial controversy via covert telephone calls with non-decision-making employees

"[A] potential infringer should not be able to create subject matter jurisdiction [for a declaratory relief claim] sub rosa (in this case, by initiating telephone conversations to employees of the patentee who were not in decision-making positions and who were not informed of the real purpose behind the conversations)."

Innovative Therapies Inc. v. Kinetic Concepts Inc., 1-07-cv-00589 (DED November 5, 2008, Memorandum Order)