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.)