Category: Declaratory Judgment

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When Can a Patent-Related Letter Spawn a Declaratory Judgment Action? – Florida Patent Lawyer Blog

Written by Mark Terry    As a Miami Patent Lawyer specializing in intellectual property issues, I frequently host clients who tell me their patent is being infringed upon. What kinds of letters can I send out to infringers without worrying about a declaratory judgment action in their forum? The Federal Circuit chimed in on this issue this past December and it has (at least somewhat) changed the rules of the game. The Federal Circuit case of Hewlett-Packard Co. v. Acceleron, LLC involved a letter that patent-holder Acceleron sent to an alleged infringer, Hewlett-Packard. The letter didn’t say much. In short, the letter brought an Acceleron patent

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