Topic
Declaratory Judgment
291 published works
Biosimilars Law Bulletin
Sanofi, Genzyme, and Regeneron Voluntarily Dismiss Dupixent® (Dupilumab) Declaratory Judgment Suit in Massachusetts
By Seth E. Cockrum, Nicole Gifford
The battle over the proper forum for patent infringement litigation regarding Dupixent® (Dupilumab) appears to have been resolved. Last week, on May 1, 2017, Sanofi, Genzyme, and Regeneron voluntarily dismissed…
Insurance Law Hawaii
Consent Judgment Not Binding On Insurer Who is Not a Party to Proceeding
The West Virginia Supreme Court of Appeals determined that a pre-trial settlement, including a consent judgment against a non-party insurer and an assignment of rights under the policy,…
Biosimilars Law Bulletin
Immunex Files Patent Infringement Suit Over Dupixent® (Dupilumab) and Seeks to Dismiss or Transfer Sanofi and Regeneron’s Prior DJ Complaint
By Nicole Gifford, Seth E. Cockrum
As we previously reported, Sanofi-Aventis U.S. LLC, Genzyme Corporation, and Regeneron Pharmaceuticals, Inc. filed a Declaratory Judgment Complaint against Amgen, Inc. and Immunex Corporation in the United States District Court…
Biosimilars Law Bulletin
Sanofi and Regeneron Follow Declaratory Judgment Complaint with an IPR Petition as FDA Approves Dupixent® (dupilumab)
By Nicole Gifford, Seth E. Cockrum
We reported last week that Sanofi-Aventis U.S. LLC, Genzyme Corporation, and Regeneron Pharmaceuticals, Inc. had filed suit in Massachusetts seeking a declaratory judgment that their Dupixent® (dupilumab) product does not…
Essential Patent Blog
Judge Payne rules patent owner may bring case seeking a declaration that it has not breached FRAND commitments (Huawei v. T-Mobile)
By David Long
Magistrate Judge Payne recently ruled against prospective licensee T-Mobile's motion to dismiss patent owner Huawei's Declaratory Judgment Complaint that seeks a declaration that Huawei complied with its FRAND commitments to ETSI regarding…
PrawfsBlawg
The Federal Circuit and “Patent Exceptionalism”: Part II
Main Thursday, February 23, 2017The Federal Circuit and "Patent Exceptionalism": Part IIAs discussed in Part I of this series, the Federal Circuit is often criticized for treating patent cases exceptionally,…
IP Intelligence
Federal Circuit Expands Personal Jurisdiction in Declaratory Judgment Suits
By Allen Sokal
In Xilinx Inc. v. Papst Licensing GmbH & Co. KG, Appeal No. 2015-1919 (Fed. Cir. Feb. 15, 2017), the Federal Circuit applied the usual test for in personam jurisdiction, in…
New England IP Blog
Close Shave on Whether Cease and Desist Letter Creates DJ Jurisdiction
Rather than wait around for the hammer to fall, companies under threat of an intellectual property lawsuit sometimes choose to file a declaratory judgment complaint. Such "DJ" complaints usually ask…
New England IP Blog
Future and Unreleased Products Can’t Drive Litigation
In a recent decision out of the District of Massachusetts, Judge Talwani provided litigants with insights into patent subject matter jurisdiction in declaratory judgment actions. Here the patent owner, US…
DuetsBlog
Had you heard of Dropbox in 2009?
The popular cloud storage system Dropbox recently won summary judgment against Thru, Inc.'s claim of trademark infringement. Thru operates a secure file sharing system called Thru Dropbox. See the screenshot…