News & Analysis as of

Declaratory Judgments

Aids Healthcare Foundation, Inc. v. Gilead Sciences, Inc.

by Knobbe Martens on

Federal Circuit Summary - Before NEWMAN, DYK, and STOLL. Appeal from the Northern District of California. Summary: A consumer of a patented product has no standing under the Declaratory Judgment Act to challenge the...more

Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc.

by Knobbe Martens on

Federal Circuit Summary - Before Wallach, O’Malley, and Schall. Appeal from the Patent Trial and Appeal Board. Summary: PGR petitioner has standing to appeal PTAB decision, where petitioner intended to file an ANDA for...more

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2016-2099, -2100, -2101, -2332, -2333, -2334 (Fed. Cir. May 7, 2018) - In an appeal from an inter partes review, the Federal Circuit...more

German Government Releases Draft Act on Class Actions in Germany

by Jones Day on

The Situation: As agreed in the Coalition Contract of the current German government, the Federal Ministry of Justice officially presented the Act on Model Declaratory Proceedings ("Draft Act") on May 9, 2018, after protracted...more

Can a Third Party Seek a Declaration of an Insurer's Duties Under Its Policy?

by Nexsen Pruet, PLLC on

“Be careful what you ask for in your declaratory judgment action” could have been an appropriate subtitle....more

New York State Court Denies Motion To Enjoin Arbitration Of Non-Party To Arbitration

by Carlton Fields on

In this case, Royal Wine Corporation (“Royal”) moved for a preliminary injunction in a New York state court action to enjoin an arbitration filed by Cognac Ferrand SAS (“Cognac”), against Mystique Brands, LLC (“Mystique”)...more

Basket Weaves And Racing Stripes: Tensions In Defining The Scope Of Protection In “Nontraditional” Trademarks In The U.S.

by Orrick - IP Landscape on

Steve Madden, Ltd., vs. Jasmin Larian, LLC, 1:18-cv-02043 (SDNY) - Early this spring, fashion company Steve Madden filed an action for declaratory judgment in a trademark dispute with up-and-coming designer, Jasmin Larian,...more

Court Discusses The Texas Rules For Superseding Declaratory Relief In A Trust Dispute

by Winstead PC on

In In the Interest of K.K.W., a father and mother, who were settlors, filed competing claims regarding the interpretation of a trust for their son. No. 05-16-00795-CV, 2018 Tex. App. LEXIS 2174 (Tex. App.—Dallas March 27,...more

Is Trouble Brewing at Chicago’s Union Station?

by Holland & Knight LLP on

A recent filing at the U.S. Surface Transportation Board (STB) reveals a potential, budding conflict between Metra and Amtrak involving Metra's use of the Chicago Union Station. Amtrak owns the station and Metra is its...more

No Declaratory Judgment Jurisdiction in Dispute Over Avastin® Biosimilar Launch Date; Questions Remain

by Fish & Richardson on

On April 17, 2018, Judge Sleet of the District of Delaware dismissed Genentech’s declaratory judgment claim seeking to hold Amgen to representations made in its 42 U.S.C. § 262(l)(3)(B) patent dance statements that it would...more

Court Grants Amgen’s Motion To Dismiss Genentech’s Declaratory Judgment Counts in Mvasi™ Litigation, and Sets June 2020 Trial Date

by Goodwin on

We previously reported that in the ongoing Genentech v. Amgen litigation regarding Amgen’s proposed bevacizumab biosimilar, Mvasi™, Amgen moved to dismiss Genentech’s declaratory judgement counts relating to when Amgen could...more

Insurer's Successful Declaratory Judgment Action Provides a Refresher on Insurable Interest

by Nexsen Pruet, PLLC on

It is a basic rule of law - one cannot insure, for his own benefit, the property of another. Recovery under an insurance policy requires proof of an insurable interest in the subject property at the time the policy is...more

PTAB Institutes IPR Despite Petitioner’s Prior Invalidity Challenge in Declaratory Judgment Action, Citing “Unambiguous Language”...

On August 1, 2016, Canfield Scientific, Inc. filed a civil action in the District of New Jersey against Melanoscan, LLC, seeking a declaratory judgment of non-infringement of U.S. Patent No. 7,359,748 (“the ’748 Patent”). In...more

Does Coachella Violate Antitrust Laws?

by Robins Kaplan LLP on

Coachella Valley Music and Arts Festival owner Anschutz Entertainment Group Inc. (“AEG”) and its subsidiaries and affiliates were hit with a lawsuit for allegedly using anticompetitive practices such as prohibiting artists...more

Have Cake, Eat Cake: Declaratory Judgment Strategy For Accused Infringers

by Jones Day on

The AIA prohibits institution of a post-grant proceeding when the petitioner previously “filed a civil action challenging the validity of a claim of the patent.” 35 U.S.C. § 315(a)(1). PGR petitions (including CBM petitions)...more

Bring All Your Claims Together: No Piecemeal Declaratory Judgment Actions

by McDermott Will & Emery on

In a dispute over royalty payments, the US Court of Appeals for the Federal Circuit held that a patent holder lacked standing under the Declaratory Judgment Act to challenge its own patent’s validity to expedite the...more

Tyler the Creator Sued for Copyright Infringement

by Robins Kaplan LLP on

Rapper Tyler, the Creator (“Tyler”), is facing a lawsuit for copyright infringement, which alleges he illegally sampled a 1971 soul song, “Why Can’t There Be Love,” in his 2015 hit, “Deathcamp.” ...more

Federal Declaratory Judgment Act - What is Required for Standing?

by Nexsen Pruet, PLLC on

To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. First, is the constitutional inquiry - the case must be a ‘case or controversy’ pursuant to Article III of the US...more

Patent Legislation Update: New Version of the STRONGER Patents Act, and Proposed Abrogation of Sovereign Immunity

by Ropes & Gray LLP on

Last June, Senator Chris Coons (D-DE) and several co-sponsors introduced the Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act of 2017, a pro-patent owner bill that would...more

New York Court Addresses Coverage for School District’s Alleged Civil Rights Violations

In its recent decision in Graphic Arts Mut. Ins. Co. v. Pine Bush Central School District, 2018 N.Y. App. Div. LEXIS 1553 (N.Y. 2d Dep’t Mar. 9, 2018), the Second Department of the New York Appellate Division had occasion to...more

AIG Won’t Have To Defend Carfax In $50 Million Antitrust Suit

by Carlton Fields on

On March 1, a New York appeals court ruled that American International Group, Inc. (AIG) need not defend Carfax, Inc. against a $50 million suit alleging the company monopolized the vehicle history report market. ...more

Do you really need a court to tell you what the insurance policy covers? Litigating insurance coverage issues? When and how to...

by Butler Snow LLP on

No one should know what an insurance policy covers better than the insurer itself. After all, the insurer wrote the policy, right? Yet there are times when coverage questions arise that even the drafter of the policy cannot...more

Appeals court continues narrow interpretation of Oklahoma’s non-solicitation statute

by McAfee & Taft on

Dealing with departing employees can be tricky. That’s why many companies require certain employees — particularly those with access to confidential or proprietary company information or customers — to sign written agreements...more

When Data Scraping and the Computer Fraud and Abuse Act Collide

by Patrick Law Group, LLC on

As the volume of data available on the internet continues to increase at an extraordinary pace, it is no surprise that many companies are eager to harvest publicly available data for their own use and monetization. Data...more

Amazon Strikes Back against PersonalWeb’s Customer Lawsuits Targeting AWS And Open Source Ruby On Rails

Since 2010, PersonalWeb Technologies has filed a total of 79 district court cases against a variety of technology companies in the cloud computing space asserting its patent portfolio. ...more

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