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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Much Ado About Injunctions: Redux
Patent policy debates have raged since 2006 when the Supreme Court decided eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006). Critics of eBay frequently cite the decision as having effectively en...
Tuesday Markup of Litigation Funding Legislation
Although John Squires is busy destroying the PTAB—as of last week, he has now gone 0 for 34 on allowing institution of IPR petitions he reviews—the story in Congress is more positive. Tomorrow, t...
Step 1: Destroy IPR. Step 2: ??? Step 3: Profit.
Last week, the USPTO issued a Notice of Proposed Rulemaking (NPRM) containing major changes to the institution process for inter partes review. Combined with other changes made by the USPTO, inc...