Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Declaratory Judgment

Supreme Court Rules that Burden to Show Infringement in Declaratory Judgment Action for Non-Infringement Remains with Patentee

Posted in Appeals, Court Orders, District Courts, Litigation
Today, the U.S. Supreme Court issued its opinion in Medtronic, Inv. v. Mirowski Family Ventures, LLC, unanimously reversing the Federal Circuit’s decision below and resolving two issues that are commonly disputed in the lower courts.  First, the Court held that the Federal Circuit had subject-matter jurisdiction over an appeal of an action for a declaratory judgment for … Continue Reading

WiFi equipment suppliers Cisco and HP step in and file declaratory judgment actions against Innovative Wireless Solutions LLC

Posted in Complaints, District Courts, Litigation, Non-Practicing Entities
Earlier this week, we provided an update on the multitude of WiFi-related infringement lawsuits brought by non-practicing entity Innovative Wireless Solutions LLC against various hotels and restaurants in Texas, noting that IWS had dismissed these suits (albeit without prejudice).  We had discussed that this was a decidedly “un-Innovatio-like” turn in the cases — but yesterday … Continue Reading

Recent Supreme Court grant of petition for certiorari may have implications for standard-essential patent disputes (Medtronic v. Boston Scientific)

Posted in Appeals, Litigation, Patent Alerts
Back in September 2012, we posted a Patent Alert on the Federal Circuit’s decision in Medtronic v. Boston Scientific. In that case, the court held that in an action where a licensee in good standing seeks a declaratory judgment of non-infringement (so any counterclaim for infringement would be foreclosed by the existence of the license), … Continue Reading

InterDigital asks Delaware court to dismiss Huawei, ZTE’s FRAND counterclaims

Posted in District Courts, Litigation, Non-Practicing Entities
The standard-essential patent battle between InterDigital and Chinese handset makers Huawei and ZTE rages on in the U.S. District Court for the District of Delaware.  Recall that the parties are awaiting an Initial Determination in ITC Inv. No. 337-TA-800, and are also involved in Inv. No. 337-TA-868.  In the companion district court cases to the … Continue Reading

Patent Alert: Federal Circuit Finds Justiciable Controversy for Declaratory Judgment of No Indirect Infringement Liability

Posted in Patent Alerts
Today, February 5, 2013, in Arkema Inc. v. Honeywell Int’l, Inc., No. 2012-1308, the Federal Circuit (Dyk, Plager, and O’Malley) found that an Article III case or controversy over indirect infringement liability existed between two competitors in the automobile refrigerant market.  This case provides incremental insight into the circumstances under which a vendor might proactively … Continue Reading

Patent Alert: Federal Circuit Holds that Burden of Proof on Infringement May Vary in Declaratory Judgment Actions

Posted in Patent Alerts
On Tues., Sept. 18, 2012, in Medtronic Inc. v. Boston Scientific Corp. et al., Nos. 2011-1313, -1372, the Federal Circuit (Lourie, Linn, and Prost) determined the proper allocation of the burden of proof as to patent infringement issues in the limited circumstance where a party licensed to a patent-in-suit seeks a declaratory judgment of non-infringement.  The Court … Continue Reading

Patent Alert: Federal Circuit clarifies patent eligibility for biomedical arts (Myriad)

Posted in Patent Alerts
Today, Thu., Aug. 16, 2012, in Ass’n for Molecular Pathology v.  USPTO (“The Myriad Case”), , No. 2010-1406, the Federal Circuit (Lourie, Bryson (concur/dissent) and Moore (concur)) issued its anticipated decision in the Myriad case on whether certain composition and method claims to isolated DNA molecules were patentable subject matter.  This Myriad decision will have a substantial impact in the biomedical, chemical … Continue Reading

Patent Alert: Federal Circuit provides insight of when declaratory judgment jurisdiction may exist (3M v. Avery)

Posted in Patent Alerts
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 action.  This case provides insight into the fine line walked when discussing patents with a party without creating sufficient grounds for them to seek a … Continue Reading