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Robert L. Maier, Patent and Trademark Law Robert L. Maier

Declaratory judgment actions, commonly referred to as “DJ actions,” have historically provided a mechanism for companies threatened with a patent infringement claim, e.g., through a cease and desist letter sent by a patent holder, to preemptively file a lawsuit seeking a court ruling declaring the patent invalid or not infringed. These DJ actions for years had been a popular tool for accused infringers, but recent changes in the patent litigation landscape have resulted in a shift away from these DJ actions, and a corresponding shift in the way patent holders approach infringers.

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