The Declaratory Judgment Act forms one of the most active pieces of legislation in patent litigation, and enables potential patent infringers to launch a “pre-emptive strike” on patent owners by filing a declaratory infringement suit.
Prasco v. Medicis: CAFC Draws a Line in the Sand
In <i>Prasco, LLC v. Medicis Pharm. Corp.</i>, the Federal Circuit declined to allow a declaratory judgment action on unasserted patents and provided some useful guidance in understanding what factual circumstances would be insufficient to establish a justiciable controversy.
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