News & Analysis as of

Demand Letter Declaratory Judgments

Troutman Pepper

EDVA Rules That a Demand Letter to Amazon Creates Declaratory Judgment Jurisdiction

Troutman Pepper on

One issue a patent owner faces when attempting to enforce its patent is the notice given to a potential infringer. By sending a demand letter to a potential infringer, a patentee runs the risk of creating a basis for a...more

Jaburg Wilk

What Are My Legal Options if My Business Has Been Defamed?

Jaburg Wilk on

Social media is causing defamation claims to become more common. There are several areas for consideration if you feel your business has been defamed. First, what is defamation? Expressing an opinion is not defamation. For...more

Kidon IP

Patent Demand Letters - Escalation or Litigation (Part 5)

Kidon IP on

If the patent demand letter situation escalates and you may be sued for infringement, you have options to consider. 1. Consider filing a lawsuit for declaratory judgment (DJ). In certain cases you may file a lawsuit...more

Dorsey & Whitney LLP

Court Finds Copyright DJ Action against Music Rights Holder Slightly Out of Tune

Dorsey & Whitney LLP on

Does a demand letter from a music rights holder that alleges “millions of instances of infringement” create a case in controversy with the recipient? You may be inclined to answer with an emphatic “of course!”...more

McDermott Will & Emery

Preemption Challenge to State Demand-Letter Regulations Confers Jurisdiction Under Post-AIA 35 U.S.C. § 1295(a)(1) - Vermont v....

McDermott Will & Emery on

Addressing jurisdictional issues, the U.S. Court of Appeals for the Federal Circuit relied on post-AIA 35 U.S.C. § 1295(a)(1) to exercise, for the first time, jurisdiction over an appeal in which only a counterclaim arose...more

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