Triggering Declaratory Judgment Actions
Whenever a patent holder sends a communication to a potential defendant before filing an infringement action, the patent holder risks a declaratory judgment (DJ) action. A common question is what language must be in the communication? Must the communication threaten an infringement lawsuit? The Federal Circuit's decision yesterday in Hewlett-Packard v. Acceleron says no and provides an example of a sequence of communications between the parties.
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