Under Delaware law, contract defenses can apply to a declaratory judgment action when the action is one based on legal rather than equitable claims. In this matter, the Complex Commercial Litigation ...

Courts have begun to shape the contours of the Biologics Price Competition and Innovation Act (“BPCIA”) and the progress of biosimilar litigation, but the use of declaratory judgment actions by ...

In the absence of regulation governing issues surrounding declaratory judgments for non-infringement, judgments of prior cases must be used as a guide. Qing Ge of Liu Shen & Associates in Beijing ...

“[T]he standard for establishing standing under the Declaratory Judgment Act is the same as the standard for establishing Article III standing.” – Federal Circuit Yesterday, the U.S. Court of Appeals ...