A lawsuit in which one party asks the court to resolve an issue and declare its judgment. In patent litigation, a company that thinks it may be accused of infringing may choose to file a declaratory judgment action, asking the court to declare that the patent is not infringed and/or invalid. Filing a declaratory judgment can have tactical, procedural, or financial benefits over just waiting to be sued.
More Posts
How Litigation Finance Busts the Bank of Legal Trust
The American legal system gives lawyers vast powers over private citizens. In the United States, there are no “loser pays” rules, no limits on lawyers’ ability to file complaints, and a summons ...
The Fintiv Rule Heads Back to District Court
A ruling last week by the U.S. Court of Appeals for the Federal Circuit in Apple v. Vidal throws the future of the Patent and Trademark Office’s (PTO) controversial NHK-Fintiv rule into even greater...
As China Prioritizes Its Patent System, America Must Do the Same and More
During the 14th National People’s Congress (NPC) earlier this month in Beijing, China began outlining a series of proposals to give itself an edge over its competitors in critical technological sect...