Declaratory Judgment Actions in Patent Cases: The Federal Circuit's Response to Medimmune v. Genentech

摘要

Medlmmune's lower bar brings patent cases back to the standard used in other areas of law. Further, the enhanced ability of alleged infringers to gain access to the courts prevents patent holders from exploiting the differences between the infringement notice requirements and the declaratory judgment jurisdiction requirements. However, MedImmune's lower bar also provides an incentive for potential licensors to file suit first and ask for a settlement license later.