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Implied Threats Suffice In Patent Disputes, Says Court

Law360 (March 26, 2007, 12:00 AM EDT) -- An appeals court has lowered the bar for declaratory judgment action in patent disputes, ruling a company can bring an action before facing an explicit threat of infringement litigation.

Effectively dismissing the long-held standard of a reasonable apprehension of litigation, the U.S. Federal Circuit ruled Monday that promises by a patent holder not to sue were not enough to quell fears of a lawsuit.

Reversing a district court’s dismissal of a motion for declaratory judgment of non-infringment sought by computer technology company Sandisk Corp., the Federal...
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