Fed. Circ. Nixes Cremation Patent Suit For Lack Of Dispute

Law360, New York (September 25, 2012, 9:27 PM EDT) -- The Federal Circuit on Tuesday stressed that businesses filing declaratory judgment patent suits must concretely show how their product could be accused of infringement, or risk early dismissal for lack of jurisdiction, affirming the dismissal of a funeral equipment company's suit.

A company whose product can be used in noninfringing ways and doesn't offer clear evidence of potential infringement by its customers can't sue a patent holder because the case would lack sufficient “immediacy and reality” to satisfy constitutional requirements, the court said.

The ruling upholds...
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