INTELLECTUAL PROPERTY CLIENT ALERT: Federal Circuit Upholds the Dismissal of a Declaratory Judgment Action for Failure to Satisfy Constitutional Requirements

    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.