Posts Tagged: declaratory judgment


CAFC Affirms Invalidation of Water Recreation Device Patent Over Newman Dissent

In Zup v. Nash Manufacturing, ZUP filed suit, alleging contributory infringement and induced infringement of the patent-at-issue, trade secret misappropriation under Virginia law, and breach of contract.  …

Craft Beer vs. Big Beer Trademark Suit May Test 9th Circuit’s ‘Irreparable Harm’ Standard

A resounding en garde was declared by California craft beer brand Stone to MillerCoors, the second largest beer company in the United States, over the alleged taking …
By Cliff Kuehn
7 months ago 1

Litigants May Not Use a DJ to Obtain Piecemeal Adjudication

The Federal circuit heard the case on AbbVie Inc. v. MedImmune Ltd. AbbVie and MedImmune entered a development and licensing agreement in 1995. The agreement stemmed from a …

Venue Options for Patent Owners After TC Heartland and In re Cray

With venue for patent infringement actions under § 1400(b) narrowed after TC Heartland and In re Cray, patent owners could use declaratory judgment (DJ) actions to secure their …

End of Laches Might Increase Declaratory Judgment Actions

Without laches, accused infringers might more frequently invoke declaratory judgment to clear their products and services upfront rather than tolerate a looming threat of suit for years.... …
By Ryan Cook & Seth Heller
1 year ago 1

Costco v. Acushnet: Costco’s Preemptive Strike Sets Tone for Litigation

Tensions between Costco Wholesale Corporation (“Costco”) and Acushnet Holdings Corp. (“Acushnet”), maker of the Titleist golf ball, have risen since Costco escalated matters last Friday by filing …
By Andrew Rapacke
1 year ago 0

Sending cease-and-desist letters and conducting licensing negotiations enough for personal jurisdiction

Non-practicing entities are especially likely to be subject to personal jurisdiction because the nature of their business involves asserting and litigating patent rights in foreign courts. This …

Federal Reserve Banks file for declaratory judgment in patent case

Once the Federal Reserve Bank of Atlanta declined to take a license, Bozeman informed them that he believed they were infringing on his two patents... The complaint …
By John M. Rogitz
2 years ago 1

Real-Life Star Trek Battle of Axanar Is Heating Up

A copyright infringement battle of intergalactic proportions between Plaintiffs CBS and Paramount Pictures, and the company (along with its principal Alec Peters) looking to produce the crowdfunded …
By Dan Bonilla
2 years ago 34

Understanding Court, PTAB Interplay Key in Today’s Patent Litigation Environment

The PTAB has seen more than triple the number of inter partes review (IPR) petitions—now the preferred way for a company accused of infringement in court …
By Tony Dutra
3 years ago 6

Supreme Court Hears Argument on Burden of Proof for DJ Plaintiff

The Supreme Court on November 5, 2013, heard oral argument on whether the burden of proof in an action for a declaratory judgment of non-infringement falls on the plaintiff …
By AIPLA
5 years ago 4

Irrational Fear of Monsanto Does Not Support DJ

In order to fabricate a case or controversy where clearly none existed, the farmers — AFTER filing the declaratory judgment action — sent Monsanto a letter, which asked Monsanto …
By Gene Quinn
5 years ago 3

Supreme Court Will Examine Patent Licensee’s Burden of Proof for Declaratory Judgment of Noninfringement

The Supreme Court on May 20, 2013, agreed to review a Federal Circuit decision that a patent licensee bears the burden of proof in its action for a declaratory …
By AIPLA
5 years ago 0

Rule 11 Sanctions + Exceptional Case = Bad Day for Patent Troll

In a 52 page opinion Judge Means found the case an exceptional case for purposes of awarding attorneys fees under 35 USC 285, found that Rule 11 sanctions were appropriate and …
By Gene Quinn
8 years ago 0

Foreign Patent Owners Safe From Declaratory Judgment

In a decision that is simply painful to read, the United States Court of Appeals for the Federal Circuit yesterday decided in Autogenomics v. Oxford Gene Technology …
By Gene Quinn
9 years ago 0

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