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Patent Law
: Philip Brooks’ Patent Infringement UpdatesFederal Circuit Expands Declaratory Judgment Jurisdiction
By Philip Brooks
The following is excerpted from a December 14, 2009 Morgan Lewis Intellectual Property Lawflash:
On December 4, the Federal Circuit issued an opinion that could make it considerably easier for companies faced with implied threats from patent licensing entities to file a declaratory judgment (DJ) action. In Hewlett-Packard Co. v. Acceleron LLC, the nonpracticing patent owner (Acceleron) had approached Hewlett-Packard (HP) by sending a cautiously worded letter, bringing a particular patent to the ?attention? of HP and requesting an ?opportunity to discuss? the patent. The letter also specifically asked HP to agree that no case or controversy had been created, and thus no DJ action could be filed. HP asked Acceleron to enter into a ?mutual standstill agreement,? pursuant to which neither party would file any legal action for 120 days. When Acceleron refused the offer, HP filed a DJ action in the U.S. District Court for the District of Delaware.
Read the full story here.
Full post as published by Philip Brooks’ Patent Infringement Updates on December 14, 2009 (boomark / email).
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