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Federal Circuit Holds That a Declaratory Judgment Action Could be Based Solely on Events That Occurred Before the Patent-In-Suit Issued

March 11, 2014

By YOUNG J. PARK, STEVEN POLLACK, & MI ZHOU

On March 11, 2014, a Federal Circuit panel held that an "Article III case or controversy" necessary for a declaratory judgment action in a patent case could be based solely on events that occurred before the patent-in-suit issued, and reversed the district court’s dismissal of the declaratory judgment complaint for lack of subject matter jurisdiction. Danisco US Inc. v. Novozymes A/S and Novozymes N.A., Inc., No. 2013-1214 (Fed. Cir. Mar. 11, 2014).