The Patentee and Infringer Battlefront Worsens as Courts Sharpen the Infringer’s Sword

David Haynes, University of the Pacific, McGeorge School of Law

Abstract

Legal Context The intersection of patent law and declaratory judgment based on recent Federal Circuit and Supreme Court jurisprudence.

Practical Significance/Key Points A paradigm shift has occurred in the delicate balance between patentees and infringers in the U.S. and their ability to use licensing agreements as settlement tools - something that has changed as a result of recent Supreme Court and Federal Circuit jurisprudence. The article analyzes the underlying problem through the lens of declaratory judgment and thereby elucidates the major issues and suggests possible solutions.