As initially reported in our August 13, 2012 post, a patent infringement action filed by International Growers Supply, Inc. (“IGS”) was transferred from the Central District of California to the Northern District of Georgia based on the “first-to-file” rule because the defendants had previously filed a declaratory judgment […]
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’ […]
On August 8, 2012, Judge Steve C. Jones of the Central District of California transferred a patent infringement case to the Northern District of Georgia based on the “first-to-file” rule. The issue was whether a declaratory judgment action filed in Georgia four days before the infringement action […]