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Article: In Sweeping Change, Federal Circuit Lowers Threshold For Declaratory Judgment Jurisdiction In Patent Actions.(SanDisk Corp. v STMicroelectronics Inc)
- Article from:
- Mondaq Business Briefing
- Article date:
- April 17, 2007
CopyrightCOPYRIGHT 2007 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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SanDisk Corp. v. STMicroelectronics, Inc, et al., No. 05-1300
On March 26, 2007, the Federal Circuit significantly lowered the bar for determining when a prospective patent licensee can initiate a declaratory judgment action. In response to the Supreme Court's rejection of the Federal Circuit's "reasonable apprehension of suit" test for determining declaratory judgment jurisdiction in MedImmune Inc. v. Genentech, Inc., et al., 127 S. Ct. 764 (January 9, 2007), the Federal Circuit set forth a new rule and held that in the context of pre-litigation licensing negotiations "where a patentee asserts rights under a patent based on certain identified ongoing or planned ...