It has been just over two years since the U.S. Supreme Court changed the rules respecting when a party may bring a declaratory judgment action to challenge whether its activities infringe a patent of another, or whether the patent is valid or enforceable.
The Changing Tide of Declaratory Judgment Jurisdiction in Patent Cases
During the last two years, the Court of Appeals for the Federal Circuit has decided a series of cases that collectively explore what circumstances are sufficient, or insufficient, to establish declaratory judgment jurisdiction in the context of a patent dispute. Several of these decisions, which have put patentees at an increased risk for declaratory judgment lawsuits, are addressed in this article.
By
Paul A. Ragusa And Jennifer LazoThis premium content is locked for LawJournalNewsletters subscribers only
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