Perspective
Jul. 8, 2009
Declaratory Walk
When confronted with allegations of patent infringement from, one should refrain from racing to the courthouse for declaratory relief, writes James Juo.
By James Juo
After the Supreme Court's recent decision in MedImmune Inc. v. Genentech Inc., 549 U.S. 118 (2007), a "reasonable apprehension of suit" is no longer required for an accused infringer to initiate a declaratory judgment action involving a patent. Although MedImmune articulated a more lenient legal standard for the availability of declaratory relief in patent cases, there must still be a "case or controversy" where...
To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In