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Motion to Dismiss › IP License › Declaratory Judgments

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

Knobbe Martens

Notice Letters and Communications May Form a Basis for Personal Jurisdiction

Knobbe Martens on

APPLE INC. v. ZIPIT WIRELESS, INC. [OPINION]- PRECEDENTIAL - Before Hughes, Mayer and Stoll.  Appeal from the United States District Court for the Northern District of California. Summary: Notice letters and related...more

Akin Gump Strauss Hauer & Feld LLP

Action Seeking Judgment of Compliance with FRAND Obligations Survives Only Insofar as it Relates to U.S. Patent Rights

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Optis Wireless Technology, LLC filed a declaratory judgment action in the Eastern District of Texas seeking judgment that it complied with its fair, reasonable and non-discriminatory (FRAND) obligations when it offered 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

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