The Shifting Landscape Of Declaratory Judgment Law

Law360, New York (July 3, 2008, 12:00 AM EDT) -- A party in fear of being sued for patent infringement by a patent owner can go on the offensive against the owner by suing first for a declaration from a federal court that the patent is invalid, unenforceable or not infringed, but the party must establish that there is an actual controversy with the patent owner to give the court declaratory judgment (“DJ”) jurisdiction to hear and decide the party’s suit against the patent owner.

A series of recent court decisions, from MedImmune v. Genentech by...
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