A lawsuit in which one party asks the court to resolve an issue and declare its judgment. In patent litigation, a company that thinks it may be accused of infringing may choose to file a declaratory judgment action, asking the court to declare that the patent is not infringed and/or invalid. Filing a declaratory judgment can have tactical, procedural, or financial benefits over just waiting to be sued.
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New Case-Assignment Order Marks Next Step in Curbing Judge Shopping in Texas
Late last month, Chief U.S. District Judge for the Western District of Texas Alia Moses announced a new order to distribute patent cases randomly across the district, while raising the bar for plainti...
The U.S. Intellectual Property System and the Impact of Litigation Financed by Third-Party Investors and Foreign Entities
On Wednesday, June 12th, Paul Taylor, a Visiting Fellow at the National Security Institute at George Mason University – and previous Patent Progress contributor – testified in front of the House J...
States Join Together to Defend Against NPEs
In 2013, Vermont became the first state to pass an “anti-patent troll” law. Since then, more than 30 states have passed similar laws to rein in patent trolls. These efforts, which range from allow...