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Patent Infringement › Declaratory Judgments › Indemnification

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

Akin Gump Strauss Hauer & Feld LLP

Patent Infringement Suit Against Indemnitee Forecloses IPR Petition by Indemnitor

Akin Gump Strauss Hauer & Feld LLP on

The Patent Trial and Appeal Board denied institution of a petition for inter partes review under 35 U.S.C. § 315(b) because the petition was filed more than one year after patent owner had served a complaint for patent...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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