Intellectual Property Client Alert: Federal Circuit Potential for Indirect Infringement Liability Provides a Justiciable Controversy for Declaratory Judgment Jurisdiction

    8 February 2013

    In Arkema Inc. v. Honeywell Int’l, Inc., the Federal Circuit reversed a District Court’s finding of no justiciable controversy under Article III for a declaratory judgment suit over indirect infringement liability. Arkema brought the suit because it and Honeywell were two competitors in the automobile refrigerant market. In reversing the District Court, the Federal Circuit provides guidance for a party to seek declaratory relief.