Topic
Declaratory Judgment
290 published works
Chicago IP Litigation
Pending Motion to Transfer Preserves DJ Complaint
Steiner Indus., Inc. v. Auburn Mfg., Inc., No. 07 C 668, 2007 WL 1834176 (N.D. Ill. Jun. 22, 2007) (Darrah, J.). Judge Darrah denied declaratory judgment defendant Auburn Manufacturing's ("Auburn")…
inversecondemnation.com
▪ HAWSCT: More on <em>CARD v. Honolulu ZBA</em> – Administrative Procedures in Land Use Cases
I've finally had a chance to sit down and read the recent Hawaii Supreme Court opinion in Citizens Against Reckless Development v. Zoning Bd. of Appeals of the City and…
inversecondemnation.com
▪ Declaratory Judgments, Private Rights of Action, and Land Use Litigation
The Hawaii Supreme Court recently issued an opinion clarifying when a plaintiff may enforce a statute or ordinance by seeking a declaratory judgment. Rees v. Carlisle(No. 26998, Mar. 12, 2007)…
Chicago IP Litigation
Contract Dispute Over Foreign Product Sales Does Not Create Declaratory Judgment Jurisdiction
Ortho-Tain, Inc. v. Rocky Mountain Orthodontics, Inc., No. 05 C 6656, 2006 WL 3782916 (N.D. Ill. Dec. 20, 2006) (Leinenweber, J.). Judge Leinenweber dismissed defendant's, Rocky Mountain Orthodontics ("RMO"), patent-related declaratory…
Delaware Corporate & Commercial Litigation Blog
Declaratory Judgments; Justiciability and Buyer’s Duties
In Energy Partners, Ltd. v. Stone Energy Corp., (Del. Ch., Oct. 11, 2006), read opinion here, the Chancery Court addressed whether the issue presented was ripe in the context of an…
The Trademark Blog
Declaratory Judgment Action re ACOMPLIAREPORT.COM
Sanofi-Aventis, the French pharmaceutical company, owns the trademark ACOMPLIA for the anti-obesity drug rimonabart (not yet approved here). Medical Week News owns the domain name ACOMPLIAREPORT.COM and publishes news about the drug. …
Delaware Corporate & Commercial Litigation Blog
Two Recent Chancery Court Cases
The Chancery Court recently issued 2 decisions in the following cases: Prestancia Management Group, Inc. v. Virginia Heritage Foundation, II LLC, et al. and Mae Jean Rosser v. New Valley…
Antitrust Law Blog
Important Pharmaceutical Declaratory Judgment Decision In Teva v. Pfizer
In an effort to market its generic version of Pfizer's blockbuster drug Zoloft, Teva Pharmaceuticals USA, Inc. ("Teva") sued Pfizer Inc. ("Pfizer") challenging a patent on that drug. Specifically, Teva…
Antitrust Law Blog
Important Pharmaceutical Declaratory Judgment Decision In <i>Teva v. Pfizer</i>
In an effort to market its generic version of Pfizer's blockbuster drug Zoloft, Teva Pharmaceuticals USA, Inc. ("Teva") sued Pfizer Inc. ("Pfizer") challenging a patent on that drug. Specifically, Teva…
The Trademark Blog
Inverizon v. Verizon and Federal Questions
Inverizon is a Missouri company providing agricultural services. When Bell Atlantic announced that it was adopting VERIZON as a housemark, Inverizon got in line and sent Verizon a demand letter. …