Law360, New York (June 29, 2012, 12:58 PM EDT) -- This article is presented in two parts. Part one outlined the administrative options available to third parties and reviewed how these procedures typically function. Part two overviews the current standard for declaratory judgment jurisdiction and describes how a third party can obtain and use declaratory judgment to obtain relief in light of a threatening exclusion order.
Declaratory Judgment — Not Just for Respondents Anymore?
Filing a declaratory judgment of noninfringement and invalidity is a viable option for named respondents wishing to establish its “design-around” products do...
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