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September 30, 2011
Controversy
Powertech
(PTI) wanted to get out from under the thumb of its patent license to Tessera,
so it filed a DJ. The district court dismissed "for lack of subject matter
jurisdiction." PTI appealed, whereupon the CAFC, citing the Supreme Court's 2007
MedImmune, Inc. v. Genentech ruling, reversed and remanded - because
every patent license is a grudge match just waiting to happen. (CAFC
2010-1489).
Posted by Patent Hawk at September 30, 2011 12:10 PM | Declaratory Judgment