Topic
Declaratory Judgment
291 published works
Class Actions Insider
Declaratory Judgment Action Against Liability Insurer Held Removable Under Class Action Fairness Act (CAFA)
By Wystan Ackerman, Wystan Ackerman
The Seventh Circuit recently held that a declaratory judgment action involving liability insurance coverage for an underlying class action, in which the insured’s rights under the policy had been assigned…
The Trademark Blog
DJ Standard: When Can You Be Suitably Scared of BEARITOS?
Owner of BEANITOS mark for bean tortilla chips brings a Declaratory Judgment action against owner of BEARITOS mark for tortilla chips. Owner of BEARITOS brought a TTAB proceeding (which isn't…
DuetsBlog
AEIOU $3.5 Million Dollars
–Cathy Dahl, Attorney Vowels matter. Or don’t matter in the case of World Marketing, Inc. v. Quiksilver, Inc. in the Central District of California. World Marketing sent a cease and…
IP Intelligence
Patent Watch: Organic Seed Growers & Trade Ass’n v. Monsanto Co.
"[Where the court relies on a patent holder's] representations to defeat [jurisdiction over the declaratory judgment claims], those representations are binding as a matter of judicial estoppel [even in the…
Patents Post-Grant
Is it Malpractice to File a Declaratory Judgment of Invalidity After the AIA?
Failure to Consider AIA Patentability Challenges May Be Costly Mistake for Law FirmsThe face of patent litigation in the U.S. was forever changed on September 16, 2012. This was the date…
The Trademark Blog
FreeMommyGear.com v Mommy Gear
Declaratory judgment by FreeMommyGear.com responding to demand letter sent through Facebook. mommy gearvar docstoc_docid="148625769";var docstoc_title="mommy gear";var docstoc_urltitle="mommy gear";
Patents Post-Grant
University Technology Transfer Licensing Programs Challenged at PTAB
11th Amendment Immunity from DJ Action Does Not Extend to USPTOState university technology transfer programs enjoy immunity from declaratory judgment (DJ) actions of patent invalidity/non-infringement. This is because state entities…
Chicago IP Litigation
Court Does Not Dismiss “Me Too” Patent Counterclaims
Trading Techs. Int’l., v. CQG, No. 05 C 4811, Slip Op. (N.D. Ill. Oct. 31, 2012) (Coleman, J.). Judge Coleman granted in part plaintiff Trading Technologies’ (“TT”) Fed. R. Civ.…
Essential Patent Blog
Patent Alert: Federal Circuit Finds Justiciable Controversy for Declaratory Judgment of No Indirect Infringement Liability
Today, February 5, 2013, in Arkema Inc. v. Honeywell Int’l, Inc., No. 2012-1308, the Federal Circuit (Dyk, Plager, and O’Malley) found that an Article III case or controversy over indirect…
Delaware Intellectual Property Litigation
Chief Judge Sleet Grants Defendant’s Motion to Dismiss Declaratory Action Seeking Judgment of Non-Infringement
By Memorandum Order entered by Chief Judge Gregory M. Sleet in Woodbolt Distribution, LLC v. Natural Alternatives International, Inc., Civil Action No,. 11-1266-GMS (D.Del., January 23, 2013), the Court granted defendant's…