Intellectual Property
May 26, 2011
What Does It Take to Sue a Patentee These Days?
Patent holders now face a major jurisdictional hurdle in declaratory judgment cases. By Robert Harkins and Jennifer Ming of Sedgwick LLP
A cease-and-desist letter arrives in the mail alleging patent infringement. What do you do? The standard answer has been to sue fast for declaratory judgment if you want the court of your choice. But times may be changing.
According to a recent Federal Circuit decision, Radio Systems Corp. v. Accession Inc., Fed. Cir. No. 2010-1390, Apr. 25, 2011, declaratory judgment plaintiffs may face a jurisdictional obsta...
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