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.
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Input on the United States Government National Standards Strategy for CET (Part 1)
This post first appeared on SEP Essentials.
The Department of Commerce of the United States government in conjunction with the U.S. National Institute of Standard and Technology (“NIST”) has a...
What Europe Is Doing Right On SEPs
The European Union (EU) is diving into one of patent policy’s most controversial questions: how should patents on technologies which are essential for wireless connectivity be licensed? As the range...
Follow the Founders and Insist on Review of Unjust Monopolies Created by Invalid Patents
This post draws from and summarizes a forthcoming law review article from the author. The full article is available on SSRN.
A patent is a monopoly, for a certain time, on the sale of something fo...