Rethinking the Differences Between Declaratory Judgments and Injunctions A.
62) Other scholars contrast "weak remedies such as declaratory relief" with "strong remedies such as injunctions," (63) or speak of "the near-futility of declaratory judgments.
its previous rulings and held that declaratory judgments were merely a
Suits based on the Declaratory Judgment Act (1) are well-known
The Teva decision moves away from such a requirement and allows generics to only establish a lower threshold that an 'actual controversy' exists making it easier for such generics to get into court and obtain such declaratory judgments against their branded counterparts.
The CAFC's reasonable apprehension of suit test requiring that a breach of contract must exist before the courts could have jurisdiction over declaratory judgment suits that seek to invalidate patents clearly flies in the face of the Altvater decision.
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.
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.
206) Professor Doug Rendleman describes some plaintiffs seeking declaratory judgments
as "people embroiled in an actual controversy which has not developed to the stage at which someone could seek damages or an injunction.
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.