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Indemnification › Declaratory Judgments › Motion to Dismiss

McDermott Will & Emery

No Blank Check: Vendor Can’t Claim Declaratory Judgment From Customer Lawsuits Alone

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a declaratory judgment action, explaining that declaratory judgment jurisdiction does not “arise merely on the basis that a party learns...more

Hogan Lovells

Blue Cube Spinco v. Dow Chemical: Indemnification allegation sufficient for breach of contract claim - Quarterly Corporate / M&A...

Hogan Lovells on

In Blue Cube Spinco LLC v. The Dow Chemical Company, C.A. No. N21C-01-214 PRW CCLD (Del. Sup. Ct. Sept. 29 2021), the Delaware Superior Court found that an M&A buyer had adequately alleged breach of contract claims for a...more

Mintz - Intellectual Property Viewpoints

Sued Customers Insufficient to Prove a Supplier’s Actual Case or Controversy Against Patentee

Mintz - Intellectual Property Viewpoints on

In an interesting order issued recently in BroadSign International, LLC v. T-Rex Property AB, Judge Swain of the Federal District Court for the Southern District of New York dismissed the Plaintiff’s declaratory judgment of...more

Morris James LLP

Declaratory Judgment Action Is Dismissed For Lack Of Subject Matter Jurisdiction

Morris James LLP on

Robinson, J. Defendant’s motion to dismiss for lack of subject matter jurisdiction is granted. This is a declaratory judgment action. Defendant has asserted infringement against various customers of plaintiff on their...more

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