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Last year in MedImmune , the high court found that the "reasonable apprehension of imminent suit" test adopted by the Federal Circuit conflicted with its previous decisions and, as such, was not applicable to declaratory judgment cases. In post- MedImmune decisions, the Federal Circuit identified certain behavior by the patent owner that gives rise to a justiciable case or controversy, triggering a declaratory judgment action, despite the owner's willingness to engage in licensing negotiations.
January 21, 2008 at 12:00 AM
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The original version of this story was published on National Law Journal
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