Topic
Declaratory Judgment
290 published works
The IP Law Blog
Federal Circuit Applies Supreme Court’s New Test for Declaratory Judgment Jurisdiction
By Audrey A. Millemann The Federal Circuit Court of Appeals recently reversed a district court’s dismissal of a declaratory judgment action, relying on the Supreme Court’s decision in MedImmune Inc.…
Civil Procedure & Federal Courts Blog
Declaratory Judgments and Compulsory Counterclaim
By Civil Procedure & Federal Courts Blog
Do compulsory counterclaims exist in simple declaratory judgment suits? Generally no, writes Judge Posner in Allan Block Corp. v. County Materials Corp. It's really a nice opinion that delves deeper…
The Trademark Blog
DJ Action: AIRPOD v IPOD
Apple threatens an opposition against Plaintiff's application for AIRPOD for air purifiers. Plaintiff brings declaratory judgment action against Apple arguing that AIRPOD for its products is not confusingly similar to…
inversecondemnation.com
2007 Land Use in Review: Venue in Declaratory Actions on Legality of Agency Rules is Jurisdictional
In Hawaii Home Infusion Assoc. v. Befitel,(No. 27256, Apr. 16, 2007), the Hawaii Supreme Court held that thevenue provisions in the declaratory judgment section of the HawaiiAdministrative Procedures Act, Haw.…
The Contingency
Cerberus Lifts a Back Leg in Dispute with URI
Cerberus Capital Management asked a trial court in New York City today to declare that United Rentals, Inc., has no contractual basis for forcing the former to buy the latter. …
Chicago IP Litigation
Unspecified Intent to Use Trademark Not Sufficient for DJ
Geisha, LLC v. Tuccillo, No. 05 C 5529, 2007 W> 2608558 (N.D. Ill. Sep. 4, 2007) (Pallmeyer, J.). Judge Pallmeyer held that the Court lacked jurisdiction over plaintiff Geisha's declaratory…
Chicago IP Litigation
Potential Reissue/Reexam Does Not Create Actual Controversy
Abbott Labs v. Baxter Healthcare Corp., No. 04 C 0836, Slip Op. (N.D. Ill. Sep. 28, 2004) (Guzman, J.). Judge Guzman granted plaintiff Abbott Laboratories' ("Abbott") Fed. R. Civ. P.…
Construction & Transition Litigation Law Blog
Stay issued in DJ action arising out of Amherst Mews case
In Transcontinental Insurance Co v. Jocama Construction Co, inc, et al, Case No. 06-CV-03358, 2007 U.S Dist. Lexis 54901, U.S. District Judge Freda Wolfson issued a stay of a declaratory…
InsureReinsure
Statutory Attorneys Fees Under Florida’s Insurance Code
In a recent decision, a Florida appellate court found that an insured was not entitled to statutory legal fees against its insurer where the insurer defended the insured under a…
Chicago IP Litigation
Northern District’s First Post-MedImmune DJ Decision
Black & Decker, Inc. v. Robert Bosch Tool Corp., No. 06 C 4440, Min. Order (N.D. Ill. Jul. 13, 2007) (Manning, J.). In the first Northern District opinion to address…