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· 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 CourtListener

Sourced 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.