United States Federal Circuit

Plaintiff's suit to have a patent declared invalid is dismissed where plaintiff failed to establish that an actual controversy existed between it and defendant, as required by the Declaratory Judgment Act.

Appellate Information

• Decided 06/01/2005
• Published 06/01/2005

Judges

• SCHALL, Circuit Judge., Before SCHALL, BRYSON, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Harvey Kurzweil, Dewey Ballantine LLP, of New York, New York, argued for plaintiff-appellant.   With him on the brief were Aldo A. Badini and Henry J. Ricardo.   Of counsel on the brief was Elliot M. Olstein, Carella Byrne Bain Gilfillan Cecchi Stewart & Olstein, of Roseland, New Jersey.


• For Appellees:
  
• Teresa M. Corbin, Howrey Simon Arnold & White, LLP, of San Francisco, of Los Angeles, California, argued for defendants-appellees.   With her on the brief was Jennifer A. Sklenar.   Of counsel was Jayna R. Whitt, of Menlo Park, California.   Of counsel on the brief were John C. Dougherty, Natalie F. Zaidman, and Sonia Cho, DLA Piper Rudnick Gray Cary U.S. LLP, of Baltimore, Maryland.