Historically, patentees needed not worry too much about whether their mere pre-suit communications sent from afar into a jurisdiction created personal jurisdiction for a declaratory judgment action.

Moreover, neither declaratory nor injunctive relief can directly interfere with enforcement of contested statutes or ordinances except with respect to the particular federal plaintiffs, and the State ...

Insurance carriers typically prefer a federal court to decide their insurance coverage declaratory judgment actions. The federal bench's well-known facility with insurance law and the relative ...

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 ...

This case[1] addresses declaratory judgments of non-infringement in relation to subject-matter jurisdiction and the district court’s refusal to exercise discretionary jurisdiction. In June 2020, Mitek ...

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“[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 ...

The US Court of Appeals for the Ninth Circuit has reversed a district court’s dismissal of trademark declaratory judgment claims, finding that pre-enforcement commercialisation activities can in fact ...

These actions are grounded in a legal standing to sue. Where declaratory judgment (DJ) litigation is appropriate, the result will be a legally binding adjudication that is preventive in nature. A ...