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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.

40 minute read April 27, 2009 at 04:24 PM
By
Paul A. Ragusa and Jennifer Lazo
The Changing Tide of Declaratory Judgment Jurisdiction in Patent Cases

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.

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