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Abstention › Declaratory Judgments

McDermott Will & Emery

Inventor Uses Abstention to Avoid Getting “Screwed”

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed the dismissal of a declaratory judgment complaint related to patent validity under the federal abstention doctrine because the issue had been decided in state court....more

Knobbe Martens

Federal Court Allowed to Defer to State Court on Contract Dispute That Raised Patent Validity Questions

Knobbe Martens on

WARSAW ORTHOPEDIC, INC., v. SASSO - Before Newman, Schall, and Wallach. Appeal from the United States District Court for the Northern District of Indiana. Summary: A federal court properly exercises its discretion to...more

Carlton Fields

Third Circuit Clarifies Abstention Doctrine in Insurance Coverage Declaratory Action

Carlton Fields on

Insurers looking to remove declaratory judgment actions to courts in the Third Circuit were recently given some clarity — and, for one defendant insurer, a welcome reversal. On August 21, the U.S. Court of Appeals for the...more

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