Tuesday, April 10, 2012

Allegations that Raise a Substantial Controversy

Since early 2008 – shortly after MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007) clarified that declaratory judgment claims require a “substantial controversy” not a “reasonable apprehension” of being sued – district courts have ruled on hundreds of motions to dismiss declaratory judgment claims in patent cases. Here are summaries of orders addressing declaratory judgment pleadings that satisfy MedImmune’s heightened standard. (To see a list of orders reaching the opposite conclusion, click the pencil icon next to the Search Criteria “Legal Issue: Cases Finding Substantial Controversy”.)

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