Category: declaratory judgment

Expanded Technologies Seeks Declaration of Non-Infringement and Invalidity of Wallner’s “Expanded Metal” Patent

On May 9, 2014, Expanded Technologies, Inc.  (“Expanded Tech”) filed a complaint against WallnerTooling/Expax, Inc. (“Wallner”), seeking both a Declaration of Non-Infringement and a Declaration of Invalidity of U.S. Patent No.8,696,781 (hereafter, “the ‘781 patent”). Expanded Tech is an Oklahoma corporation with its principal place of business in Marietta, Georgia, […]

Reflective Apparel Seeks Declaratory Judgment That Safety Vest Does Not Reflect Competitor’s Patent Claims

Reflective Apparel Factory, Inc. (“Reflective”), a Georgia corporation headquartered in Marietta, seeks a declaratory judgment against Carolina Safety Acquisition, LLC (“Carolina”), a Delaware limited liability company operating out of North Carolina, that Reflective does not infringe U.S. Patent No. 7,735,151 (the ‘151 Patent). The complaint was filed after […]

NewPoint Media Seeks Declaration of Non-Infringement of Easy IP Patent and Copyrights Covering Custom Advertisement Creation

NewPoint Media Group, LLC (“NewPoint Media”), filed a complaint in the Northern District of Georgia seeking a declaratory judgment against Easy Intellectual Property Licenses, LLC (“Easy IP”) declaring that NewPoint Media does not infringe software electronic advertising copyrights of Easy IP or U.S. Patent No. 8,234,174, which published […]

Emerson Electric Brings Declaratory Judgment Action Against SIPCO

On July 31, 2013, Emerson Electric Co. (“Emerson”) of St. Louis, Missouri, Fisher-Rosemount Systems, Inc. (“Fisher-Rosemount”), a wholly-owned subsidiary of Emerson based in Round Rock, Texas, and Rosemount, Inc. (“Rosemount”), a wholly-owned Emerson subsidiary based in Chanhassen, Minnesota (collectively, “Plaintiffs”), filed a complaint in the Northern District of […]

Shaw Industries Files Declaratory Judgment Action Against Hershey Over KISSES® Marks

In a case that has already drawn considerable publicity, carpet giant Shaw Industries Group, Inc. (“Shaw”), of Dalton, Georgia, filed a complaint in the Northern District of Georgia against The Hershey Company, of Hershey, Pennsylvania, and Hershey Chocolate and Confectionary Corporation, of Wheat Ridge, Colorado (collectively, “Hershey”), asking the […]

License Demand Letter Isn’t Enough to Establish Personal Jurisdiction Over Patentee Defendant in a Declaratory Judgment Action

Attorneys often worry that sending a license demand letter (or cease-and-desist letter) on behalf of a patentee will prompt an accused infringer to file a declaratory judgment action in its home forum, thus preempting the patentee’s choice of forum.  This fear is the most significant factor behind patentees’ […]