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Declaratory Judgments › Litigation Strategies › Patent Infringement

Akin Gump Strauss Hauer & Feld LLP

Plaintiff’s Declaratory Action Not Anticipatory Litigation Due to Patentee’s Delayed Response to Licensing Request

Akin Gump Strauss Hauer & Feld LLP on

The Central District of California denied a defendant’s motion to dismiss or transfer plaintiff’s first-filed declaratory judgement action based on defendant’s later-filed patent infringement suit in Wisconsin. Though suit...more

Jones Day

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

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

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