The enforcement aspect of Walker Process has been interpreted to parallel the requirements of the immediacy requirement of declaratory judgments
. (325) As with declaratory judgments
, initiation of a lawsuit by the patent holder automatically constitutes enforcement.
The circuit court also had subject-matter jurisdiction to entertain a suit for declaratory judgment
. Courts have authority to issue declaratory judgments
and to grant other forms of relief, including injunctions, specific performance, and monetary damages.
They cover equity and equitable remedies, contempt, preventive injunctions, temporary injunctive relief, injunctions in context, restitution, declaratory judgments
, and damages.
(49) In fact, he wrote an article while still a professor in which he took aim at the very idea of anticipatory litigation, at least in the constitutional context, arguing that, "[e]very tendency to deal with...[constitutional issues] abstractedly, to formulate them in terms of sterile legal questions, is bound to result in sterile conclusions unrelated to actualities." (50) As Professor Purcell observes, although this article was "[o]stensibly" a criticism of advisory opinions, in function it was a criticism of declaratory judgments
, arising from a fear that conservatives would use this option to defeat progressive legislation.
Rethinking the Differences Between Declaratory Judgments
and Injunctions A.
its previous rulings and held that declaratory judgments
were merely a
federal declaratory judgments
to state declaratory judgments
"By granting MedImmune's appeal, the Supreme Court has brought further clarity to the patent litigation process--specifically the use of declaratory judgments
by licensees of questionable patents," says a MedImmune spokeswoman.
Albin has handled a litany of state and federal real estate and landlord-tenant cases: declaratory judgments
; injunctive actions; foreclosures; bankruptcies; workouts; real estate transactions; and the representation of owners, lenders, receivers and the various cooperative and condominium boards.
(Cambridge, MA; 617-349-0271) announced the company has filed a complaint against Genzyme Corporation (Cambridge, MA; 617-252-7500) seeking declaratory judgments
of patent non-infringement and invalidity in the United States District Court of Massachusetts in Boston.
Professor David Currie called the declaratory judgment
"a substitute for the injunction" that "may possibly be available before there is cause for traditional relief." (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." (207) Some courts, too, have suggested that the declaratory judgment
can be available sooner than an injunction.
The reasonable apprehension of suit test requires a declaratory judgment
plaintiff to prove that it faces a reasonable apprehension of imminent suit by the patent holder prior to bringing suit against such patent holder.