Is a declaratory judgment counterclaim a mirror-image of the plaintiff’s complaint for declaratory judgment or redundant of defendants’ answer and affirmative defenses to the plaintiff’s complaint?

Historically, patentees needed not worry too much about whether their mere pre-suit communications sent from afar into a jurisdiction created personal jurisdiction for a declaratory judgment action.

After receiving notice of an allegation of infringement from a trade mark owner, the receiving party is often put in the unenviable position of having to make a unilateral determination to either ...

“Patentees must think strategically before firing off cease-and-desist letters and during follow-up correspondence or meetings, lest they ultimately find themselves defending against a declaratory ...

In the absence of regulation governing issues surrounding declaratory judgments for non-infringement, judgments of prior cases must be used as a guide. Qing Ge of Liu Shen & Associates in Beijing ...

Declaratory judgment actions brought under Pennsylvania's Declaratory Judgments Act, 42 Pa. C.S. Sections 7531-41, present knotty questions of appealability. See, Affordable Outdoor v. Tri-Outdoor, ...

“The CAFC explained that the precedent illustrated that many different circumstances may arise whereby discretion is exercised on various facts, including ‘whether preclusion should be afforded to a ...

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