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Neutralizing Actual Controversy: How Patent Holders Can Reduce The Risk Of Declaratory Judgment In Patent Disputes, Homer Yan-Hsien Hsu

Washington Journal of Law, Technology & Arts

Alleged patent infringers may bring declaratory judgment actions against patentees when actual controversies exist over infringement or validity. Such declaratory judgment actions are important strategic tools because they allow alleged infringers to take initiative and bring actions, thereby eliminating the risk of doing business without knowing whether continued product use would constitute infringement. Declaratory judgment actions also provide alleged infringers an opportunity to choose the forum in which to bring their suits. In order to bring such an action, however, there must be an actual controversy between the parties to establish standing. The United States Supreme Court’s 2007 decision in …