Legal Opinion
CAE Screenplates, Inc. v. Beloit Corp.
District Court, E.D. Virginia
Decided February 20, 1997No. Civil Action 96-1304-APublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
Subject matter jurisdiction is disputed in this declaratory judgment action in which a putative infringer seeks a declaration of non-infringement, unenforceability, and invalidity of a patent. As so often happens, plaintiff, the putative infringer, filed a declaratory judgment action hoping to have its choice of forum for the anticipated suit. Defendant, the patentee, claims that plaintiff acted too hastily as, at the time the suit was filed, plaintiff had no objective, reasonable apprehension of being sued for patent infringement and, thus, there was…
2Cases cited33 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Rescue Army v. Municipal Court of Los AngelesSupreme Court of the United States · 1947
- Hayburn's CaseSupreme Court of the United States · 1792
- Indium Corporation of America v. Semi-Alloys, Inc.Court of Appeals for the Federal Circuit · 1985
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3Cited by9 opinions
- Dunn Computer Corp. v. Loudcloud, Inc.District Court, E.D. Virginia · 2001
- Mallinckrodt Medical, Inc. v. Sonus Pharmaceuticals, Inc.District Court, District of Columbia · 1998
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- Energy Recovery, Inc. v. HaugeDistrict Court, E.D. Virginia · 2000
- Ion Beam Applications S.A. v. Titan Corp.District Court, E.D. Virginia · 2000
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