Mama Cares V. Nutriset: Sad Case Of No Controversy?

Law360, New York (May 4, 2010, 12:25 PM EDT) -- It is no secret that the Supreme Court does not hold a dear place for the “Reasonable Apprehension” test of the Court of Appeals for the Federal Circuit as articulated for establishing standing in a declaratory judgment action, particularly as it may apply to patent licensing agreements.

The Court provided ample hints in its opinion in Medimmune v. Genetech, 549 U.S. 118 (2007), indicating that the high court is looking for an opportunity to revisit this test. The recent challenge of U.S. Patent 6,346,284 in the...
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