Monday, June 27, 2011

Foreign Litigation Concerning Similar Patent Claims and Accused Products May Support Declaratory Judgment Action

The court could exercise subject matter jurisdiction over plaintiff's declaratory relief action premised on two foreign infringement actions. "The Court recognizes that foreign patent litigation, although not dispositive of the existence of an actual controversy, is one factor to be considered in a full analysis of the circumstances. Foreign litigation is especially relevant when, as here, the litigation involves the same parties, essentially the same patent claims, and the same accused device. [Plaintiff's] well-pleaded factual allegations establish that an actual case or controversy exists which supports this Court’s jurisdiction over this declaratory judgment action."

Bell Hellicopter Textron Inc. v. Eurocopter
, 1-10-cv-00789 (DCD June 23, 2011, Order) (Wilkins, J.)

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