View Authors 3 October 2012
Rather than waiting to be sued, a potential patent infringer might file a case in federal court asking that the patent be declared not infringed, invalid or unenforceable. The Federal Circuit upheld a District Court’s dismissal of a declaratory judgment patent suit filed by Matthews International Corporation in Matthews Int’l Corp. v. Biosafe Engineering, LLC (Fed. Cir. Sept. 25, 2012), because Matthews’ claims did not satisfy the Constitutional requirements for declaratory judgment jurisdiction under Article III.