United States Federal Circuit

In a patent dispute concerning sunglass lenses, dismissal of plaintiff's declaratory judgment action for noninfringement is reversed where the district court's refusal to hear the action was an abuse of its discretionary authority provided by the Declaratory Judgment Act.

Appellate Information

• Decided 10/25/2004
• Published 10/25/2004

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, LOURIE, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Stephen D. Milbrath, Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A., of Orlando, Florida, argued for plaintiff-appellant.   Of counsel was Herbert L. Allen.


• For Appellees:
  
• Hal K. Litchford, Litchford & Christopher, of Orlando, Florida, argued for defendant-appellee.   With him on the brief was Richard C. Swank.   Of counsel was David S. Bloch, McDermott, Will & Emery, of Palo Alto, California.