Category Archives: Declaratory Judgment

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Pre-Issuance Conduct May Support Declaratory Judgment Jurisdiction

On March 11, 2014, in Danisco US Inc. v. Novozymes A/S, No. 2013-1214 (Fed. Cir. Mar. 11, 2014), the Federal Circuit held that pre-issuance conduct can be considered when determining whether a declaratory judgment defendant has instigated a case of actual controversy. The Court reversed the district court’s order dismissing the Plaintiff’s declaratory judgment action … Continue reading this entry

Declaratory Judgment Claimants: Which Products Are You Saying Don’t Infringe?

Declaratory judgment plaintiffs and counterclaimants in patent cases have long been accustomed to filing boilerplate claims that either do not identify an accused technology, or that do so in a cursory manner. Noninfringement pleadings typically read something like this: “We are entitled to declaratory judgment that we have not infringed any valid claim of the … Continue reading this entry