United States Federal Circuit

In a patent dispute between direct competitors in the retroreflective sheeting product market, the district court's dismissal of a declaratory judgment action for lack of a case or controversy is vacated and the case remanded, where the plaintiff filed its declaratory judgment complaint reasonably promptly after the defendant, a direct competitor with a history of enforcing its patent rights against the plaintiff, asserted its rights in the patents against the plaintiff and accused a specific plaintiff's product of infringement.

Appellate Information

• Decided 03/26/2012
• Published 03/26/2012

Judges

• Lourie

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John A. Dragseth, David L. Bilsker