Tuesday, September 18, 2012

Cease & Desist Letter Lacking Charge of Infringement did not Create Substantial Controversy Sufficient for Declaratory Relief Claim

The court granted defendants' motion to dismiss plaintiffs' declaratory relief action for lack of an actual case or controversy after defendant's letters asked plaintiff to refrain from encouraging the use of the patent-in-suit's methods and also mentioned the law regarding induced infringement. "None of the letters references [plaintiff's product] and none suggests that [it]. . . infringes the [patent-in-suit]. Rather, the conduct identified by the three letters relates to [plaintiff's] presentations and publications. Thus, to the extent that [plaintiff] is in apprehension of a lawsuit based upon the sale or use of [its product], the Court does not have jurisdiction under the declaratory judgment act."

Unisense Fertilitech A/S, et. al. v. Auxogyn, Inc., et. al., 4-11-cv-05065 (CAND September 14, 2012, Order) (Rogers, J.).

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