News & Analysis as of

Declaratory Judgments Infringement

Holland & Knight LLP

Owner of Bored Ape NFTs Fends Off Challenges from Conceptual Artists

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Yuga Labs Inc. (Yuga) – the creator and marketer of the well-known "Bored Ape Yacht Club" collection of nonfungible tokens (NFTs), referred to as Yuga Bored Ape images – filed a complaint in July 2022 against conceptual...more

McDermott Will & Emery

Power Play: District Court Properly Transferred Bad Faith Anticipatory Suit

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The US Court of Appeals for the Federal Circuit denied a petition for mandamus relief from an order transferring a first-filed declaratory judgment action from the District of New Jersey to the Western District of Texas,...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries - ...more

Morris James LLP

Preliminary Injunction Is Granted

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This is a declaratory judgment action. The disputed technology relates to topically applied clotting material. The court finds that defendant has shown a likelihood of success on infringement since the constructions offered...more

Foley & Lardner LLP

Declaratory Judgment Claimants: Which Products Are You Saying Don’t Infringe?

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Declaratory judgment plaintiffs and counterclaimants in patent cases have long been accustomed to filing boilerplate claims that either do not identify an accused technology, or that do so in a cursory manner. Noninfringement...more

Foley & Lardner LLP

Supreme Court Lays Burden of Proof on Patentee, Even in Declaratory Judgment Action

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In Medtronic, Inc. v. Mirowski Family Ventures, LLC, a unanimous Supreme Court held that the patent holder bears the burden of proving infringement, even in a declaratory judgment action brought by a licensee. In reaching its...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Curiae Briefs in Medtronic v. Boston Scientific – Legal Scholars Support Medtronic; Tessera Supports Vacatur and Remand

The Supreme Court will hear oral arguments in Medtronic Inc. v. Boston Scientific Corp. on Tuesday, November 5, 2013. The sole issue to be determined is whether the burden of proof shifts in a declaratory judgment action...more

McDonnell Boehnen Hulbert & Berghoff LLP

Diagnostics Giant Quest Files Declaratory Judgment Action against Myriad Genetics

Myriad is facing yet another challenge to its remaining BRCA gene testing franchise, this time from Quest Diagnostics joined by its R&D arm, Nichols Institute. Quest is "the world's leading provider of diagnostic information...more

Pillsbury Winthrop Shaw Pittman LLP

How Trade Mark Defendants are Winning from MedImmune

In 2007, the US Supreme Court set a new test for declaratory judgment actions in MedImmune. Its decision continues to have a profound impact on trade mark cases, explain Bobby Ghajar and Carolyn Toto. One-Minute Read -...more

McDonnell Boehnen Hulbert & Berghoff LLP

Bay Area Genetic Diagnostics Company Files Declaratory Judgment Action against Myriad Genetics

Whether relying on Carl von Clausewitz or Jack Dempsey for the sentiment, Counsyl, Inc., a genetic diagnostic testing company has decided that the best defense against Myriad Genetics is a good offense and, accordingly, has...more

Foley & Lardner LLP

Monsanto Averts Declaratory Judgment Suit

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On June 10, 2013, the U.S. Court of Appeals for the Federal Circuit held that Monsanto’s representation that it would not pursue farmers and seed sellers for patent infringement if they inadvertently use Monsanto’s patented...more

Ladas & Parry LLP

Invalidity Counterclaims in IP Litigation: Supreme Court Rules on Effect of Covenants Not to Sue

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On January 9, 2013, the Supreme Court issued its opinion in Already, LLC v. Nike, Inc., holding that a broad covenant not to enforce a trademark against certain products of a competitor moots the competitor’s action to...more

Knobbe Martens

Federal Circuit Review - Volume 3 | Issue 3 March 2013

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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

McDermott Will & Emery

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

McDermott Will & Emery on

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

BakerHostetler

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

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"[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

Knobbe Martens

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

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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

Pillsbury Winthrop Shaw Pittman LLP

A Covenant Not to Sue May Avoid Invalidity Claims

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

Fenwick & West LLP

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

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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

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