Legal Opinion
Dupont Pharmaceuticals Company v. Sonus Pharmaceuticals, Inc.
District Court, D. Massachusetts
Decided November 29, 2000No. CIV.A. 00-11391-EFHPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
HARRINGTON, District Judge.
The plaintiffs in this matter have asked this Court to apply the principle of comity known as the “first-filed” rule and retain the declaratory judgment action that they have filed against the defendants. As between a mirror-image declaratory judgment action and an affirmative patent infringement action, such as the one filed by Nycomed Imaging AS in the Western District of Washington, the general rule favors the forum of the first-filed action. See Genentech, Inc. v. Eli Lilly & Co., 998 F.2d 931, 937-38 (Fed.Cir.1993). In the present case, the…
2Cases cited4 opinions
- Genentech, Inc. v. Eli Lilly and Company, and the Regents of the University of CaliforniaCourt of Appeals for the Federal Circuit · 1993
- Serco Services Company, L.P. v. Kelley Company, Inc.Court of Appeals for the Federal Circuit · 1995
- Novo Nordisk of North America, Inc. v. Genentech, Inc.District Court, S.D. New York · 1995
- Emc Corporation v. Norand CorporationCourt of Appeals for the Federal Circuit · 1996
3Cited by2 opinions
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