Cat in the Vat: Cat Tech LLC v. TubeMaster, Inc.
July 22, 2008
Look at that! Look at that! Prong Two just stepped in on the mat-or, perhaps more precisely, it showed up in the Federal Circuit's decision in Cat Tech LLC v. TubeMaster, Inc. Specifically, in Cat Tech, the Federal Circuit reviewed whether the changes the Supreme Court decision in MedImmune v. Genentech made to the first prong of the test for declaratory judgment jurisdiction in actions brought by potential infringers impacted the second prong of the same jurisdictional test. The test prior to MedImmune required that the declaratory judgment plaintiff (1) have a reasonable apprehension that the patentee will file suit and (2) conduct "meaningful preparation" to conduct potentially infringing activity. In MedImmune, the Supreme Court rejected the test's first prong in favor of a more lenient "totality of the circumstances" review. Until Cat Tech, however, no decision addressed MedImmune's impact on the second prong. Would it, too, have to go?
Read the answer on APaTS: Advanced Patent Trial Strategies.
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