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 ...

“Patentees must think strategically before firing off cease-and-desist letters and during follow-up correspondence or meetings, lest they ultimately find themselves defending against a declaratory ...

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 ...

Marie Sharp’s Fine Foods, Ltd., a Belize condiment and jam manufacturer, and Eve Sales Corp., a New York-based purchaser of Marie Sharp’s branded products, filed an anticipatory declaratory judgment ...

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 ...

A New Jersey patent owner's cease-and-desist letter to an alleged infringer isn't enough to subject it to a lawsuit in Tennessee, the alleged infringer's state, the Federal U.S. Circuit Court of ...

Conversion of State-Law Declaratory Judgment Actions Concerning First-Party Coverage Disputes into Federal Declaratory Judgment Actions Is Not Required Upon Removal Addressing the thorny issue of ...

“[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 ...