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 ...

Courts have begun to shape the contours of the Biologics Price Competition and Innovation Act (“BPCIA”) and the progress of biosimilar litigation, but the use of declaratory judgment actions by ...

“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 ...

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 ...

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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 ...