Fed. Circ. Revives HP Patent Suit Against Acceleron

Law360, New York (December 7, 2009, 3:25 PM EST) -- A federal appeals court has reversed a lower court's dismissal of Hewlett-Packard Co.'s suit seeking declaratory judgment for non-infringement against patent-holding company Acceleron LLC over a blade server patent.

The U.S. Court of Appeals for the Federal Circuit on Friday reversed the U.S. District Court for the District of Delaware's decision to grant Acceleron’s motion to dismiss for lack of declaratory judgment jurisdiction, and remanded the case.

Litigation over the Acceleron patent, which covers technology that allows workers to replace components in servers without powering down...
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