Fed. Circ. Revives DuPont's Preemptive Biofuels Patent Suit

Law360, Los Angeles (March 11, 2014, 5:18 PM EDT) -- The Federal Circuit on Tuesday revived a DuPont Co. unit’s preemptive patent lawsuit against Novozymes North America Inc., finding that the maker of biofuels chemicals has successfully shown it was at risk of litigation over its rival’s patent.

The three-judge panel declined to set a so-called bright-line rule defining what a plaintiff would have to do to establish standing for declaratory judgment in the patent suits, deferring instead to precedent set by the U.S. Supreme Court regarding the demonstration that an actual controversy exists, regardless of...
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