Claim Seeking Declaratory Judgment of Patent Validity Failed to Allege Substantial Controversy Sufficient to Exercise Subject Matter Jurisdiction

The court granted defendants' motion to dismiss plaintiff's amended complaint where plaintiff dropped its infringement claim and instead sought a declaration that its patent was valid. "[T]he court has uncovered no case in which a patentee seeks a declaration of validity. Indeed, [plaintiff's] patent is presumed valid. . . . Although [defendant] may have asserted its belief that the [patent-in-suit] is invalid in pre-litigation conversations with [plaintiff] and in response to [plaintiff's] original complaint alleging patent infringement, [defendant] has never brought a claim, counterclaim, or other action against [plaintiff] seeking to invalidate the patent."

Brooks Manufacturing Company v. Dis-Tran Wood Products, LLC, et. al., 2-11-cv-00309 (WAWD March 30, 2012, Order) (Robart, J.)