In Medtronic, Inc. v. Mirowski Family Ventures, LLC, Mirowski licensed its patents relating to implantable heart stimulators to Medtronic, which makes medical devices. Later, Mirowski notified ...

Declaratory judgment actions brought under Pennsylvania's Declaratory Judgments Act, 42 Pa. C.S. Sections 7531-41, present knotty questions of appealability. See, Affordable Outdoor v. Tri-Outdoor, ...

Insurance companies often prefer to litigate insurance coverage issues in federal courts. There are a number of reasons for this. First, well-founded or not, there is a general perception that the ...

On October 14, the United States Court of Appeals for the Federal Circuit (CAFC), in Warsaw Orthopedic, Inc. v. Sasso, affirmed a decision of a district court dismissing Medtronic’s declaratory ...

Kenneth Portner of Weber Gallagher Simpson Stapleton Fires & Newby. Kenneth Portner of Weber Gallagher Simpson Stapleton Fires & Newby. Declaratory judgment actions are commonly employed by parties to ...

In what could have been a one-page per curiam ruling from the U.S. Court of Appeals for the Eleventh Circuit, two panel members decided to digress. There was apparently little substantive disagreement ...

For some reason, everybody is talking about severability. (Which means it is a good day, like every day, to read Kevin Walsh.) In addition to all the discussion of the merits and severability in Texas ...

To go back to our example. Let's say that the Trustee of an Alaska DAPT holds property in California, and a creditor is about to move to enforce the California judgment against the California property ...

“Patentees must think strategically before firing off cease-and-desist letters and during follow-up correspondence or meetings, lest they ultimately find themselves defending against a declaratory ...