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, ...

After receiving notice of an allegation of infringement from a trade mark owner, the receiving party is often put in the unenviable position of having to make a unilateral determination to either ...

“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 ...

Even so, the ultimate goal of some equity proceedings is a declaration of the plaintiff's rights vis-à-vis the defendant. Actions to rescind or reform a contract are examples. A request for an ...

In the absence of regulation governing issues surrounding declaratory judgments for non-infringement, judgments of prior cases must be used as a guide. Qing Ge of Liu Shen & Associates in Beijing ...

Eric Blosser, Jeremiah Helm, Ph.D. Summary: The plaintiff could not seek declaratory judgment of non-infringement because (i) its product did not meet all the limitations of the asserted claims and ...

On Jan. 9, the Supreme Court decided MedImmune, Inc. v. Genentech, Inc., U.S. Supreme Court No. 05-608, holding that a patent licensee need not breach its license agreement to file a declaratory ...

This case[1] addresses declaratory judgments of non-infringement in relation to subject-matter jurisdiction and the district court’s refusal to exercise discretionary jurisdiction. In June 2020, Mitek ...

In a paperless order issued on May 26, Judge Deborah Boardman asked lawyers for the state of Maryland and the Association of American Publishers to submit proposed language for a declaratory judgment ...

PASADENA, Calif.--(BUSINESS WIRE)-- Arrowhead Pharmaceuticals, Inc. (ARWR) today announced that yesterday it filed a Complaint for Declaratory Judgment in the United States District Court for the ...

In Nike Inc v Already LLC d/b/a Yums, the US Court of Appeals for the Second Circuit has considered whether Nike’s broad covenant not to sue, as well as the voluntary dismissal of its trademark claims ...

Biotech giants BioNTech and Pfizer Monday filed a complaint for declaratory judgment of noninfringement in the US District Court of Massachusetts. The companies seek to quell claims by CureVac of ...