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A footnote in the Supreme Court's MedImmune decision discusses the test used by the Federal Circuit to determine when a party threatened with a claim of patent infringement may sue for declaratory judgment. Under the test, a plaintiff must show that it has a "reasonable apprehension" that "it will face an infringement suit." That test, the footnote observes, conflicts with at least three Supreme Court declaratory judgment decisions.
August 13, 2007 at 12:00 AM
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The original version of this story was published on National Law Journal
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