IP Blog
software patent litigation
When Can a Patent Owner Sue for a Declaratory Judgment?
Does jurisdiction exist over a declaratory judgment action (i.e., is there a case or controversy) where the plaintiff alleges that a party’s possible future use of software would infringe patent claims? The court in Auburn University v. International Business Machines Corp., No. 3:09-cv-694 (M.D. Ala. April 23, 2012), held that there was no justiciable controversy where (1) IBM “made sufficient...