Topic
Declaratory Judgment
291 published works
Delaware Intellectual Property Litigation
Judge Robinson Grants Defendant’s Motion to Stay in Declaratory Judgment Action Pending Application of First-Filed Rule By Other Federal District Where Infringement Action Was First-Filed
By Memorandum Opinion entered by the Honorable Sue L. Robinson in Cellectis S.A. v. Precision Biosciences, Inc., Civil Action Nos. 11-890-SLR and 12-204-SLR (D.Del., August 6, 2012), the Court granted…
The Trademark Blog
DJ Action: Victoria’s Secret NAKED v Urban Decay NAKED
It would be interesting to know how many trademark declaratory judgment actions Victoria's Secret has filed in its day. victorias secret nakeds v nakedvar docstoc_docid="125874530";var docstoc_title="victorias secret nakeds v naked";var…
Delaware Intellectual Property Litigation
Judge Andrews Grants Customer Defendants’ Motion to Stay Patent Infringement Action Pending Resolution of Declaratory Judgment Action Filed Against Plaintiff by the Customer Defendants’ Supplier
By Memorandum Opinion entered by the Honorable Richard G. Andrews in Pragmatus Telecom, LLC v. Advanced Store Company, Inc., et al., Civil Action No. 12-088-RGA (D.Del., July 10, 2012), the…
Delaware Chancery Law Blog
Court of Chancery Stays Case in Favor of Later-Filed Matter
In the case of RWI Acquisition LLC v. Todd, C.A. No. 6902-VCP (Del. Ch. May 30, 2012), the Court of Chancery ruled on the issues of: (i) whether it had…
The Trademark Blog
SDNY Departs From First-Filed Rule Enjoining Declaratory Action
SDNY departs from first-filed rule, enjoining Florida action as it was 'improper anticipatory' action filed one day before 'natural plaintiff's' SDNY action. sdny declaratory judgement miller fabircsvar docstoc_docid="122761425";var docstoc_title="sdny declaratory…
Essential Patent Blog
Patent Alert: Federal Circuit provides insight of when declaratory judgment jurisdiction may exist (3M v. Avery)
Today, Mon., Mar. 26, 2012, in 3M v. Avery, No. 2011-1339, the Federal Circuit (Rader, Lourie and Linn) reversed a district court’s ruling that it lacked declaratory judgment jurisdiction over a patent…
Legal Profession Blog
No Relief
The Kansas Court of Appeals has affirmed the dismissal of a declaratory judgment action brought by a national law firm located in Maryland.The law firm (and Kansas attorneys that it…
Class Actions Insider
Class Actions Seeking Injunctive Relief Under Rule 23(b)(2): New Third Circuit Opinion
After Wal-Mart v. Dukes, some commentators have suggested that plaintiffs’ attorneys are likely to file more class actions seeking exclusively declaratory or injunctive relief, on the theory that it might…
The Legal Whiteboard
Counter-Intuition in the Legal Academy (and Life)
Posted by Jeff LipshawLarry Kramer, Stanford's dean, was in Boston yesterday, and we had lunch. (Full disclosure: I am an unabashed Larry Kramer fan.) I've previously lauded the efforts…
New Jersey Law Blog
Declaratory Judgment Actions: Combating the Coverage Denial Letter
Suffering a first party insurance loss or facing a lawsuit from a third party can be two of the most difficult and unsettling experiences for an individual or business. To…