Declaratory Judgments, Patents

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

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

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

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

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Declaratory Judgments › Patents