MedImmune requires a substantial controversy of sufficient immediacy and reality, replacing the earlier reasonable apprehension test. Licensees may sue without breaching the license.
It permits the accused party to select the forum.
Alternative Names:
DJ Action (Patent)|Patent Declaratory Judgment
Why it Matters?
Forum selection is the principal advantage, permitting an accused infringer to file in a favorable district rather than awaiting suit in the patentee's chosen venue, which is why demand letters are drafted carefully to avoid creating declaratory jurisdiction. MedImmune's relaxed standard means even a licensing overture may support jurisdiction, and covenants not to sue are how patentees eliminate it after the fact.
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Frequently asked questions
What is the principal advantage?
How do patentees eliminate jurisdiction?
