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https://www.sullcrom.com/siteFiles/Publications/SC_Publication_Patent_Infringement_and_Declaratory_Judgment.pdf
Patent Infringement and Declaratory Judgment January 24, 2014 debate would create post-litigation uncertainty about the scope of the patent. It also would create unwarranted complexity in declaratory judgment litigation, by forcing the licensee to anticipate the patentee’s infringement arguments or by requiring the licensee to negate every ...
https://en.wikipedia.org/wiki/Declaratory_judgment
Declaratory judgment actions in patent litigation. Declaratory judgments are common in patent litigation, as well as in other areas of intellectual property litigation, because declaratory judgments allow an alleged infringer to "clear the air" about a product or service that may be a business's focal point. For example, in a typical patent-infringement claim, when a patent owner becomes aware ...
https://images.law.com/contrib/content/uploads/documents/403/41055/Apple-v.-Princeps-Interface.Apple-DJ-complaint.pdf
(Declaratory Judgment of Non-Infringement of U.S. Patent No. 6,703,963) 24. Apple repeats and realleges Paragraphs 1 through 23 of this Complaint. 25. Apple has not infringed and does not infringe at least claim 1 of the ‘963 Patent either directly, contributorily, or by inducement, literally or under the doctrine of equivalents, including
https://patentlyo.com/patent/declaratory-judgment
Likewise, a party who has “actually been charged with infringement of a patent” will be able to identify declaratory judgment jurisdiction. (quoting Cardinal Chem). Here, Acceleron argues that a patent owner should have some mechanism for contacting another party to discuss patent rights without raising declaratory judgment jurisdiction.
https://www.mintz.com/insights-center/viewpoints/2231/2018-01-sued-customers-insufficient-prove-suppliers-actual-case-or
Jan 30, 2018 · In an interesting order issued recently in BroadSign International, LLC v.T-Rex Property AB, Judge Swain of the Federal District Court for the Southern District of New York dismissed the Plaintiff’s declaratory judgment of patent non-infringement for a lack of subject matter jurisdiction. The Plaintiff, BroadSign, is a supplier of “hardware and software solutions for operators of networks ...
https://patentlyo.com/patent/2012/09/declaratory-judgment-denied.html
Sep 25, 2012 · After a series of communications between the parties, Matthews filed for a declaratory judgment of non-infringement, invalidity, and unenforceability. The complaint also alleged state law claims of trade libel, defamation, and tortious interference with contractual relations.
https://www.law360.com/articles/730120/accused-infringers-rethink-declaratory-judgment-strategies
Declaratory judgment actions, in which an accused infringer files suit first, are on the decline since the America Invents Act in 2012 created an accelerated pathway for patent challenges.Author: Erin Coe
https://www.ptablitigationblog.com/have-cake-eat-cake-declaratory-judgment-strategy-for-accused-infringers/
Apr 11, 2018 · Take-away: A party threatened with a suit for patent infringement may wish to file a preemptive declaratory judgment action against the patent owner for various strategic reasons, e.g., to secure a more favorable venue. If the accused infringer’s DJ complaint is limited to a request for a declaration of noninfringement, the statutory bar on ...
https://patentlaw.jmbm.com/2013/05/counterclaims-for-declaratory.html
May 14, 2013 · KLS Doors filed a counterclaim for declaratory judgment for, among other things, that it did not infringe the patent and that the patent was invalid. Sliding Door moved to dismiss several of the counterclaims, including the counterclaims for declaratory judgment for non-infringement and invalidity.
https://bannerwitcoff.com/ip-alert-is-infringement-required-to-generate-a-case-or-controversy-for-declaratory-judgment-jurisdiction/
Nov 30, 2017 · Is Infringement Required to Generate a Case or Controversy for Declaratory-Judgment Jurisdiction? By Sarah A. Kagan. Ten years ago, MedImmune successfully sought an expanded scope of declaratory-judgment jurisdiction, asking the U.S. Supreme Court to permit a suit challenging validity of a patent of which it was a paying licensee.
https://www.lexology.com/library/detail.aspx?g=11485b88-1e1b-4c23-865e-1f5ba8620db5
Oct 25, 2016 · In the US the danger is that a communication from the patent owner, whether an offer to license or a request to stop infringing, may allow the alleged infringer to bring a declaratory judgment ...
https://www.bradley.com/insights/publications/2018/12/a-federal-circuit-reminder-that-establishing-personal-jurisdiction-in-a-declaratory-judgment-action
Dec 05, 2018 · Venue selection has been a primary focus for the past few years in patent infringement cases. However, a recent Federal Circuit decision serves as a reminder that a court must first be found to be able to exercise personal jurisdiction over the parties to …
http://www.leasonellis.com/wp-content/uploads/2018/02/IP-Cease-and-Desist-Letter-Strategic-Considerations-Bright-Ideas-Article-01884805.pdf
sis for that jurisdiction is the Declaratory Judgment Act.1 The Act empowers federal courts to “declare the rights and other legal relations of any interested party seeking such declaration” in cases where there is an “actual con- ... an analysis about patent infringement. ...
https://www.ptablitigationblog.com/preemptive-declaratory-judgment-invalidity-counterclaims-trigger-statutory-bar/
Oct 11, 2019 · Moreover, if the declaratory judgment defendant (i.e., the Patent Owner) responds by asserting counterclaims for infringement, the declaratory judgment plaintiff may then assert responsive counterclaims for invalidity, which the PTAB has held in this procedural situation “meets the literal terms” of a “counterclaim” under § 315(a)(3 ...
https://patentdocs.typepad.com/files/idenix-v-gilead_mass.pdf
2013, seeking a declaration of non-infringement and invalidity related to two patents allegedly covering sofosbuvir and its use. 20. In its declaratory judgment complaint against Merck and Isis, Gilead stated that it “has made substantial preparation to make, sell, and offer to sell sofosbuvir in the United States”
https://www.fr.com/fish-litigation/declaratory-judgment-lit-biosimilar-manufacturers/
A biosimilar manufacturer may be motivated to file a declaratory judgment action to clear uncertainty related to a patent portfolio, to move litigation along when the reference product sponsor is dragging its feet, and/or to obtain a more favorable forum. But when is the declaratory judgment path available to a biosimilar manufacturer?
https://www.ipwatchdog.com/2017/02/14/federal-reserve-banks-file-declaratory-judgment-patent/id=78305/
The complaint sets forth two claims for relief: one for declaratory judgment of non-infringement of the 6,754,640 patent, and the other for declaratory judgment of non-infringement of the ...
http://iknow.stpi.narl.org.tw/Post/Files/complaint/Complaint_pclass_14_A282a_Candella,%20LLC%20et%20al%20v.%20Liown%20Electronics.pdf
This is an action for patent infringement arising under the patent laws of the United States, 35 U.S.C. § 1 et seq. and, more particularly, 35 U.S.C. §§ 271 and 281. This is also an action for a Declaratory Judgment pursuant to 28 U.S.C. § 1221. 2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
https://www.iniplaw.org/category/declaratory-judgments/
Jan 16, 2020 · Plaintiff is seeking injunctive relief, declaratory judgment, and damages including costs and attorneys’ fees. Eli Lilly and Teva have been involved in numerous patent infringement lawsuits against each other in the past. In April, Eli Lilly sued Teva on a claim of patent infringement of the same drug involved in this case, Alimta. This new ...
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