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ARTICLE · 04 NOVEMBER 2013

IP Update, Vol. 16, No. 10, October 2013

McDermott Will & Emery
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In a non-precedential opinion addressing declaratory judgment jurisdiction, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s ruling that it lacked subject-matter jurisdiction over a declaratory judgment action by a manufacturer, finding that the manufacturer could not show that the patentee ever threatened or alleged direct or indirect infringement by the manufacturer.

United StatesIntellectual Property
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Edited by Paul Devinsky and Rita Weeks

Patent Litigation / Declaratory Judgment Jurisdiction

No Case or Controversy in DJ Against Patentee Who Sued Manufacturer's Customers

Cisco Systems, Inc. v. Alberta Telecommunications Research Center
by Cary Chien and Barrington E. Dyer

In a non-precedential opinion addressing declaratory judgment jurisdiction, the U.S. Court of Appeals for the Federal Circuit affirmed a district court's ruling that it lacked subject-matter jurisdiction over a declaratory judgment action by a manufacturer, finding that the manufacturer could not show that the patentee ever threatened or alleged direct or indirect infringement by the manufacturer.  Cisco Systems, Inc. v. Alberta Telecommunications Research Center, Case No. 12-1687 (Fed. Cir., Aug. 29, 2013) (O'Malley, J) (non-precedential). 

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