The US Court of Appeals for the Federal Circuit vacated and remanded the dismissal of a declaratory judgment action because the district court failed to sufficiently support its decision. Mitek ...
Much of the discussion to date regarding price gouging laws has rightly focused on the two core elements of a price gouging lawsuit: what constitutes a violation and what are the defenses? And while ...
Declaratory judgment actions brought under Pennsylvania's Declaratory Judgments Act, 42 Pa. C.S. Sections 7531-41, present knotty questions of appealability. See, Affordable Outdoor v. Tri-Outdoor, ...
After receiving notice of an allegation of infringement from a trade mark owner, the receiving party is often put in the unenviable position of having to make a unilateral determination to either ...
Collateral estoppel, or issue preclusion, the Court of Appeals found, "precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding ...
It was a banner district court week, with 104 patent filings and 64 cases terminated, mostly file-and-settle non-practicing entity (NPE) litigation, and 26 Patent Trial and Appeal Board (PTAB) cases, ...
“[T]he standard for establishing standing under the Declaratory Judgment Act is the same as the standard for establishing Article III standing.” – Federal Circuit Yesterday, the U.S. Court of Appeals ...
In the absence of regulation governing issues surrounding declaratory judgments for non-infringement, judgments of prior cases must be used as a guide. Qing Ge of Liu Shen & Associates in Beijing ...
The Berlin District Court has rejected an action for a negative declaratory judgment brought by the holder of a ‘.com’ domain name against the defendant, who had obtained a favourable decision under ...
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