Venue Ruling May Spur Patent Owners To Sue First, Talk Later
By Ryan Davis (May 24, 2021, 12:31 PM EDT) -- A recent Federal Circuit decision could allow more recipients of patent licensing demand letters to file declaratory judgment suits on their home turf, which might lead some patent owners to stop sending letters and just launch infringement litigation in their own preferred venues, attorneys say.
Earlier this month, the appeals court reversed a California federal judge's dismissal of a suit by Trimble Inc. seeking a declaration that it doesn't infringe PerDiemCo LLC's geofencing patents and concluded that PerDiemCo's 22 licensing communications with Trimble were sufficient to give the California court jurisdiction.
Declaratory judgment suits can be used by companies accused of...
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