Declaratory judgement

A lawsuit filed to determine where the plaintiff is in doubt as to his legal rights. With respect to patents, this is a lawsuit filed by someone against the patentholder asking the court to declare that the inventors patent is invalid or that the plaintiff is not infringing the patent. The possibility of such a lawsuit is a source of concern for poorly financed patentholders who must be careful least something they do be seem ase accusing others of infringement requiring them to defend against a lawsuit often at a distant location and at great expense.

 

Back to previous