United States Federal Circuit

District court's dismissal of plaintiff's declaratory judgment action involving patents related to medical devices used in treatment of chronic wounds, based on absence of an actual controversy within the contemplation of the Declaratory Judgment Act, is affirmed where: 1) district court did not err in concluding that plaintiff's supplemental complaint did not establish an actual controversy at the time of the original pleading, and that jurisdiction based on subsequent events did not relate back to the filing date of the initial complaint; 2) there is no abuse of discretion in the district court's discretionary decision on the facts and circumstances of the case; and 3) plaintiff's argument that the convenience of the forum requires retaining the action in Delaware is rejected.

Appellate Information

• Decided 04/01/2010
• Published 04/01/2010

Judges

Court

• United States Federal Circuit

Counsel