Focus (Forum & Focus)
Jun. 1, 2007
Declaratory Hair Trigger
Focus Column – By Russell B. Hill and Jesse Mullholland – A pair of federal rulings breathes new life and vigor into the “first-to-file” rule in patent litigation and opens the door for forum shopping.
By Russell B. Hill and Jesse D. Mulholland
The Supreme Court's decision in MedImmune Inc. v. Genentech Inc., 127 S.Ct. 764 (U.S. Sct. Jan. 9, 2007), along with the Federal Circuit's decision in SanDisk Corp. v. STmicroelectronics Inc., 480 F.3d 1372 (Fed. Cir. March 26, 2007), breathes new life and vigor into the "first-to-file" rule, thereby opening the door for forum shopping by would-be declarator...
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