Declaratory judgment actions brought under Pennsylvania's Declaratory Judgments Act, 42 Pa. C.S. Sections 7531-41, present knotty questions of appealability. See, Affordable Outdoor v. Tri-Outdoor, ...

Eric Blosser, Jeremiah Helm, Ph.D. Summary: The plaintiff could not seek declaratory judgment of non-infringement because (i) its product did not meet all the limitations of the asserted claims and ...

Courts have begun to shape the contours of the Biologics Price Competition and Innovation Act (“BPCIA”) and the progress of biosimilar litigation, but the use of declaratory judgment actions by ...

For some reason, everybody is talking about severability. (Which means it is a good day, like every day, to read Kevin Walsh.) In addition to all the discussion of the merits and severability in Texas ...

Even so, the ultimate goal of some equity proceedings is a declaration of the plaintiff's rights vis-à-vis the defendant. Actions to rescind or reform a contract are examples. A request for an ...

Kenneth Portner of Weber Gallagher Simpson Stapleton Fires & Newby. Kenneth Portner of Weber Gallagher Simpson Stapleton Fires & Newby. Declaratory judgment actions are commonly employed by parties to ...

A Domestic Asset Protection Trust (DAPT) is a self-settled irrevocable spendthrift trust. In English, this means that a DAPT is trust that one can put their assets into for their own benefit, and then ...

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On October 14, the United States Court of Appeals for the Federal Circuit (CAFC), in Warsaw Orthopedic, Inc. v. Sasso, affirmed a decision of a district court dismissing Medtronic’s declaratory ...

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In the absence of regulation governing issues surrounding declaratory judgments for non-infringement, judgments of prior cases must be used as a guide. Qing Ge of Liu Shen & Associates in Beijing ...