Fed. Circ. Draws The Line On DJ Jurisdiction

Law360, New York (August 19, 2008, 12:00 AM EDT) -- In the face of the Supreme Court’s decision in MedImmune and its own recent decisions liberalizing the standard for establishing jurisdiction in declaratory judgment actions, the Federal Circuit drew a line in the sand this past week in Prasco LLC v. Medicis Pharm. Corp., 2007-1524, ruling that the patent holder’s marking of its products and enforcement of unrelated patents against different products is not sufficient to establish a case or controversy.

This decision may signal an effort by the Federal Circuit to halt the growing trend...
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