Judge Nixes HP Patent Suit Against Acceleron

Law360, New York (March 11, 2009, 12:00 AM EDT) -- A judge has shot down Hewlett-Packard Co.’s declaratory judgment suit against Acceleron LLC, refusing to invalidate a blade server patent Acceleron has accused HP of infringing in a separate lawsuit.

The court granted Acceleron’s motion to dismiss on Tuesday for lack of subject matter jurisdiction after finding that, as Acceleron claimed in December 2007 when it filed the motion under the Declaratory Judgment Act, there was no actual controversy between the parties regarding Acceleron’s blade server patent.

“To find that a substantial controversy exists at the...
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