Blawgletter wrote No More Mr. Nice Patent-Infringer Guy about five years ago. It told about how the Supreme Court and Federal Circuit had lately cleared the way for people to pre-empt a lawsuit for patent infringement by suing for a declaratory judgment first. And just last week we pointed out that someone who avails herself of the pre-emptive
declaratory judgment
Plaintiff Seeking Declaratory Judgment Keeps Burden of Proof, Federal Circuit Holds
By Barry Barnett on
Say your dear client fears that a patent holder can hardly wait to sue YDC for infringement. YDC — a lovely outfit with lots of nice people — asks you what to do. You knit your brows, think deep thoughts, draw on the deep well of experience, conduct thought experiments, and come up with a…