declaratory judgment

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Latest blogosphere posts tagged “declaratory judgment”

  • Consolidated cases are transferred to California


    Delaware Patent Litigation ReportAuthority Authority: 121
    Teleconference Systems v. Proctor and Gamble Pharmaceuticals, Inc. , Civil No. 09-200-JBS/JS, November 25, 2009. Schneider, M. J.   Ciscos request to stay the Cisco action until its California declaratory judgment action is concluded is denied. Furthermore, Cisco and H-P’s requests to stay and sever plaintiffs ...
    2 days ago
  • Federal Circuit Lowers Bar for Declaratory Judgment Jurisdiction When Patentee is a Holding Company


    Patent Law Blog (Patently-O)Authority Authority: 129
    Hewlett-Packard v. Acceleron 09-1283.pdf (Fed. Cir. 2009) Accelerons patent No. 6,948,021 covers a hot-swappable server blade. In September 2007, Acceleron wrote to "call [HPs] attention to the referenced patent." HP responded that they "would be willing to agree not to file" a declaratory judgment action ...
    3 days ago
  • Barred


    Patent ProspectorAuthority Authority: 481
    It used to take a kick in the pants to file a declaratory judgment (DJ) action. Then the January 2007 Supreme Court MedImmune ruling lowered the bar, followed by the spring chicken CAFC Sandisk decision. Untested was how low the bar was. HP tested it, and found that "a lowered bar does not mean no bar at all." ...
    6 days ago
  • Declaratory Judgment Action is dismissed for lack of actual controversy


    Delaware Patent Litigation ReportAuthority Authority: 121
    Microsoft Corporation v. Webxchange Inc. , C.A. No. 09-484-JJF, October 30, 2009. Farnan, J.   Defendant’s motion to dismiss the complaint for lack of subject matter jurisdiction is granted. The patents-in-suit are directed to methods and systems for enabling transactions on a web or other networks.  Related ...
    2 weeks ago
  • Smiley Company Frowns On Court’s Decision to Deny Motion to Dismiss


    Las Vegas Trademark AttorneyAuthority Authority: 446
    An Illinois district court has denied a motion to dismiss filed by Franklin Loufrani and The Smiley Company SPRL (together “Smiley”) seeking dismissal of numerous counterclaims brought by Wal-Mart Stores, Inc. (“Wal-Mart”) in Smiley’s action under 15 U.S.C. § 1071(b)(1) seeking judicial review of the ...
    2 weeks ago
  • License Crossed


    Patent ProspectorAuthority Authority: 481
    Philips and 3M inked a patent cross license in 1995. The next year, 3M spun off Imation. The agreement, which granted license to subsidiaries, continued. In 2003, Imation formed a joint venture that created GDM. In 2006, Imation acquired Memorex. In 2007, Imation filed a declaratory judgment action seeking a finding ...
    5 weeks ago
  • Microsoft Denied Declaratory Judgment Jurisdiction a Second Time


    Washington State Patent Law BlogAuthority Authority: 404
    Microsoft was unable to sustain a declaratory action brought against WebXchange to invalidate three patents covering network services.  The patents-in-suit are U.S. Patent Numbers 5,778,178; 6,212,556; and 7,340,506. According to IP 360, the USPTO has agreed to re-examine the 178 and 556 patents and has canceled the ...
    5 weeks ago
  • Weekly Wrapup of Nevada District Court Trademark Lawsuits


    Las Vegas Trademark AttorneyAuthority Authority: 446
    It was a busy week for trademark related lawsuit filings in the U.S. District Court for the District of Nevada (and not a single one of them filed by me). Price Products, LLC v. Juvenile Solutions, Inc ., Case No. 09-cv-02067 (D. Nev. October 27, 2009) ( Complaint ). The owner of the DRIPSTIK ...
    5 weeks ago

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