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Fox Rothschild LLP

Judge Connolly Dismisses Plaintiff’s Claims Seeking Declaratory Judgment Of Non-Infringement For Failure To Establish Declaratory...

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By Memorandum Opinion entered by The Honorable Colm F. Connolly in Power Integrations, Inc. v. CogniPower LLC, Civil Action No. 20-15-CFC (D.Del. July 1, 2020), the Court granted Defendant’s motion to dismiss counts 3, 4, and...more

McDermott Will & Emery

No Concrete Controversy if There Are No Claims

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In reversing a district court decision as to whether a validity issue remained justiciable after the challenged claims were disclaimed, the US Court of Appeals for the Federal Circuit explained that the patent owner’s...more

McDermott Will & Emery

Declaratory Judgment of Non-Infringement of a Disclaimed Patent Warranted in Hatch-Waxman - Apotex Inc. v. Daiichi Sankyo, Inc.

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Addressing the issue of subject matter jurisdiction in Hatch-Waxman litigation, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s dismissal for lack of case or controversy of an action seeking...more

McDermott Will & Emery

Pre-Patent Issuance Activities Can Create Justiciable Controversy

McDermott Will & Emery on

Danisco US Inc. v. Novozymes A/S - Addressing the issue of when a justiciable controversy arises for the purpose of declaratory judgment jurisdiction, the U.S. Court of Appeals for the Federal Circuit reversed a...more

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