· 4/5/1999
Amana Refrigeration, Inc. v. Quadlux, Inc.
Citations
- 172 F.3d 852
- 50 U.S.P.Q. 2d (BNA) 1304
- 1999 U.S. App. LEXIS 6268
- 1999 WL 188229
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding there was no actual controversy in a declaratory judgment action when the patentee had filed a covenant not to sue over a patent
- rejecting argument that a reasonable apprehension of suit existed as to “new products ‘in the pipeline,’ ” stating that “an actual controversy cannot be based on a fear of litigation over future products”
- rejecting argument that covenant subjected declaratory judgment plaintiff to risk of further litigation because of the potential grant of a reissue patent and stating “the future existence of a reissue patent is wholly speculative and, therefore, cannot create a present controversy”
- “an actual controversy cannot be based on a fear of litigation over future products”
- “[A] covenant not to sue for any infringing acts involving products ‘made, sold, or used’ on or before the filing date [of a complaint] is sufficient to divest a trial court of jurisdiction over a declaratory judgment action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Archer, Lourie
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.