In This Bulletin:
- Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case
- Murky Waters: Post-Approval Regulatory Activities and the §...more
- Covenant Not to Sue Drug Manufacturers FDA Generic Drugs Mootness Nike Public Performance Rights Safe Harbors SCOTUS Standing Trade Secrets Trademarks Transfer of Venue
In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more
- Already LLC Article III Covenant Not to Sue Declaratory Judgments Infringement Justiciable Controversy Mootness Nike SCOTUS Standing Subject Matter Jurisdiction Trade Dress Trademarks Voluntary Cessation
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