United States Federal Circuit

Dismissal of a declaratory judgment action alleging noninfringement, invalidity, and unenforceability of a patent was improper, where a case or controversy existed between the parties based on plaintiff's reasonable apprehension that defendant would sue it for patent infringement in the future.

Appellate Information

• Decided 09/09/2002
• Published 09/09/2002

Judges

• LINN, Circuit Judge., Before NEWMAN, CLEVENGER and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• W. Michael Holm,Womble Caryle Sandridge & Rice, PLLC, of McLean, VA, argued for plaintiff-appellant.   With him on the brief was Steven D. Kerr. Of counsel on the brief were Gary C. Huckaby, Bradley Arant Rose & White LLP, of Huntsville, AL;  and Thomas R. Folk, Reed Smith Hazel & Thomas LLP, of Falls Church, VA.


• For Appellees:
  
• Benjamin H. Albritton, Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., of Montgomery, AL, argued for defendant-appellee.   Of counsel was J. Mark Englehart.