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Unthreatened

By Gary Odom and Jordan Kuhn

Before the 2007 Supreme Court MedImmune ruling, a company worried about infringing a patent could only bite its nails and wait. But SCOTUS, in its mumbling way with patents in recent years, made Article III jurisdiction as bright-line a rule as pornography: you only know it when you see it. The CAFC Sandisk decision lowered the DJ bar further, so that infringers could be more like the vultures in a Gary Larson cartoon: "Patience? Hell, I want to kill something." But the line of "actual controversy" is still drawn in mud....

Full post as published by The Patent Prospector on February 26, 2009 (boomark / email).