Declaratory Judgments

Costs and Attorney Fees Awarded In the Same Action in Idaho

by Christina Ahn | Sedgwick LLP on 5/7/2013

In Employers Mutual Casualty Co. v. Donnelly, No. — P.3d —-, 2013 WL 1693661 (Idaho Apr. 19, 2013), a majority of the Idaho Supreme Court affirmed a declaratory judgment action decision that an insurer was required to pay...more

Use of Declaratory Judgment before Patent Infringement

by Field Law on 5/3/2013

Ever wondered if you would infringe a patent but wanted to know before any infringement occurred? Honeywell International, Inc. and Arkema Inc. are competitors in the field of automotive air-conditioning systems....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 5, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 4/8/2013

In This Issue: - Effie Film, LL v. Murphy, USDC S.D. New York, March 22, 2013 (amended opinion): District court grants plaintiff’s motion for judgment on the pleadings in action for declaratory judgment that...more

Federal Circuit Review - Volume 3 | Issue 3 March 2013

by Knobbe Martens Olson & Bear LLP on 3/25/2013

In This Issue: • State Courts Should Handle Patent Malpractice Cases • “A” and “An” in Claims Mean “One or More” • No Direct Infringer Needs to be Identified in Declaratory Judgment Jurisdiction Over Indirect...more

A Dutch Court Hands Down the First Substantive Damages Judgment in the Netherlands for an Infringement of Competition Law

by David Henry, Wilko van Weert | McDermott Will & Emery on 2/27/2013

In a recent judgment, a District Court in the Netherlands (the DCA) handed down a judgment in what is the first substantive damages judgment in the Netherlands for a breach of competition law. In issuing the declaration of...more

Update: Noncompete Agreements in SC are Worth More Than the Paper They're Written On

by Nexsen Pruet, PLLC on 2/27/2013

In light of the restrictive nature with which South Carolina courts have historically viewed noncompetition agreements, many people assume they are not enforceable and, in essence, “not worth the paper they’re written on.”...more

Misrepresentation Law and Insurance Coverage In South Carolina

by Stephen Groves | Nexsen Pruet, PLLC on 2/13/2013

1. The Claim - An insurer may use the alleged misrepresentations and/or omissions of an insured in the life, health and disability insurance application process in two ways: (i) affirmatively, by seeking rescission of...more

Patent Watch: Semiconductor Energy Lab. Co. v. Nagata

by Lawrence M. Sung | BakerHostetler on 2/12/2013

"[Neither the Declaratory Judgment Act nor Federal Circuit jurisprudence creates] a federal cause of action for assignor estoppel." On February 11, 2013, in Semiconductor Energy Lab. Co. v. Nagata, the U.S. Court of...more

S&P Seeks Declaration That Credit Ratings Are Immune From Liability

by Orrick - Structured Finance Group on 2/11/2013

On February 5, two Standard & Poor’s entities filed a declaratory judgment action in the Southern District of South Carolina seeking to bar the South Carolina Attorney General from suing S&P under South Carolina’s Unfair...more

Federal Circuit Potential for Indirect Infringement Liability Provides a Justiciable Controversy for Declaratory Judgment...

by Kevin Bell, Scott Chambers, B. Dell Chism, Richard Oparil | Patton Boggs LLP on 2/11/2013

In Arkema Inc. v. Honeywell Int’l, Inc., the Federal Circuit reversed a District Court’s finding of no justiciable controversy under Article III for a declaratory judgment suit over indirect infringement liability. Arkema...more

Delaware Court Dismisses “Anticipatory” First-Filed Declaratory Judgment Action

by Kevin Bell, Scott Chambers, Lacy Kolo, Ph.D., Caroline Maxwell, Richard Oparil | Patton Boggs LLP on 2/4/2013

The Delaware District Court dismissed a declaratory judgment action in favor of a later-filed patent infringement suit on the same patent. The ruling provides a roadmap for patent owners to pursue a settlement without the...more

Federal Circuit Review - Volume 3 | Issue 1 - January 2013

by Knobbe Martens Olson & Bear LLP on 1/29/2013

In This Issue: • Prior Litigation Precludes Lawsuit • Disclosure of Broad Genus Does Not Disclose Species • Preamble Limits Claims - Excerpt from Prior Litigation Precludes Lawsuit: In...more

A Covenant Not to Sue May Avoid Invalidity Claims

by Kelly Craven, Bobby Ghajar | Pillsbury Winthrop Shaw Pittman LLP on 1/17/2013

Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

by Jedediah Wakefield, Sean Wikner | Fenwick & West LLP on 1/15/2013

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

Virginia Supreme Court Opinion Affecting Local Government Law, January 10, 2013

by Andrew McRoberts | Sands Anderson PC on 1/12/2013

Today, the Virginia Supreme Court issued one opinion affecting Virginia local government law. Congratulations to the County of Albemarle and the City of Charlottesville! The Local Government Attorneys of Virginia supplied an...more

Florida Supreme Court Issues New Offer Of Judgment Decision

by Ellen Koehler Lyons | Carlton Fields on 1/11/2013

Today the Florida Supreme Court issued an extremely important decision regarding proposals for settlement/offers of judgment (“OJs”), made pursuant to section 768.79, Florida Statutes....more

Patton Boggs Reinsurance Newsletter - December 2012: Illinois Federal Court Grants Summary Judgment to Cedent Under...

by Patton Boggs LLP on 12/29/2012

Arrowood Indemn. Co. v. Assurecare Corp., No. 11 CV 5206, 2012 WL 4340699 (N.D. Ill. Sept. 19, 2012). An Illinois federal court granted summary judgment to a cedent against its reinsurer in a dispute over settlement of a...more

Delaware Chancery Court Strengthens First-Filed Action Rule

by Joseph E. Gallo, Michael Rosensaft | Katten Muchin Rosenman LLP on 12/18/2012

The Delaware Court of Chancery recently stayed a Delaware action in favor of an earlier-filed Texas case because they dealt with substantially similar facts, even where the two lawsuits did not contain identical claims. The...more

How Do You or Don’t You State a Case for A Declaratory Judgment in a Trademark Dispute?

by Susan Neuberger Weller | Mintz Levin - Intellectual Property on 12/6/2012

Ever since the US Supreme Court in MedImmune, Inc. v. Genetech, Inc., 549 U.S. 118, 127 S, Ct, 764, 166 L. Ed.604 (2007) threw out the “reasonable apprehension” test as defining the grounds for bringing a declaratory judgment...more

Interest Under Will Did Not Revert Back To Estate

by David Johnson | Winstead PC on 10/25/2012

In Roberts v. Wilson, the El Paso Court of Appeals ruled that the wife of a beneficiary under a will was entitled to her husband’s interest in real property because he survived his parents and the bequeath did not have a...more

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