its previous rulings and held that declaratory judgments were merely a
Suits based on the Declaratory Judgment Act (1) are well-known
patent-related situation involving a declaratory judgment action arises
GPhA had filed a "friend of the court" brief in support of MedImmune, arguing that without declaratory judgments, the launch of affordable generic drugs would be unduly delayed, to the detriment of consumers.
In response, Congress expressly provided generic companies with the ability to bring declaratory judgment actions to promptly resolve patent disputes.
Most practitioners are familiar with the use of declaratory judgments to clarify the rights, status, and other equitable and legal positions of their clients.
2] Cases interpreting the act have held that the use of declaratory judgments "should be liberally construed and their boundaries elastic.
Circuit and county courts may issue declaratory judgments to resolve the rights of parties to a contract or other writing, or to construe a statute or any regulation or ordinance issued pursuant to a statute.
In his opinion, Vice Chancellor Steele noted "in light of MDC's willingness to proceed with the CBB deal over CFLP's objection CFLP should not be forced to rely on MDC's representation by counsel to this Court that (i) MDC will not engage in any of the activities that the declaratory judgments CFLP requests would cover until the final resolution of the issues between CFLP and CFI, Iris Cantor and Rod Fisher.
Among the additional relief sought is a declaratory judgment stating that MDC cannot now or at any time in the future, aid and abet a breach of the non-compete provisions of the CFLP Partnership Agreement.
I am not convinced that MDC will refrain from taking actions that could be covered by the declaratory judgment CFLP now seeks from this Court.
It is our intention to pursue vigorously the lawsuit we initiated against Genentech and its lawyers in which we are seeking declaratory judgments
as to the invalidity, non-infringement and unenforceability of the Genentech patents, a prohibition against Genentech pursuing further litigation against BTG because of the Commission's decision, and damages in excess of $100 million.