United States Federal Circuit

In an action seeking a declaratory judgment that one of plaintiff's benzoyl peroxide cleansing products did not infringe various patents owned by defendants, dismissal for lack of subject matter jurisdiction is affirmed where: 1) the "all-circumstances" test stated in MedImmune, Inc. v. Genentech, Inc., 127 S. Ct. 764 (2007), rejected the Federal Circuit's "reasonable apprehension of suit" test as the sole test for determining subject matter jurisdiction in declaratory judgment actions, but proving a reasonable apprehension of suit remains one of multiple ways that a declaratory judgment plaintiff can satisfy the all-circumstances test for jurisdiction; and 2) in this case, plaintiff failed to establish, based on all the circumstances, that there was a justiciable case or controversy.

Appellate Information

• Decided 08/15/2008
• Published 08/15/2008

Judges

• GAJARSA, Circuit Judge., Before GAJARSA, Circuit Judge, CLEVENGER, Senior Circuit Judge, MOORE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William A. Rakoczy, Rakoczy Molino Mazzochi Siwik LLP, of Chicago, IL, argued for plaintiff-appellant.   With him on the brief were Deanne M. Mazzochi and Amy D. Brody.


• For Appellees:
  
• Matthew D. Powers, Weil, Gotshal & Manges LLP, of Redwood Shores, CA, argued for defendants-appellees.   On the brief were Barry J. Coyne, Reed Smith LLP, of Pittsburgh, PA, and William J. McNichol, Jr., of Philadelphia, PA. Of counsel were Elizabeth S. Weiswasser and Jennifer H. Wu, Weil, Gotshal & Manges LLP, of New York, NY.