· 5/6/1988
Arrowhead Industrial Water, Inc. v. Ecolochem, Inc.
Citations
- 846 F.2d 731
- 6 U.S.P.Q. 2d (BNA) 1685
- 1988 U.S. App. LEXIS 6060
- 1988 WL 41943
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that an actual controversy may be found with no communication from patent holder to declaratory judgment plaintiff
- holding that-jurisdiction depends on “the facts existing when the complaint is filed”
- noting that the tension between the Declaratory Judgment Act and the general prohibition against advisory opinions gives rise to “competing considerations ... of constitutional dimensions.”
- stating that the two-part test is a \test often useful in evaluating complaints for declaratory judgments in patent cases\
- stating that the two-part test is a “test often useful in evaluating complaints for declaratory judgments in patent cases”
- noting that “defendant’s conduct has obviously created a most reasonable and compelled apprehension that continuing to sell its process could subject [the declaratory plaintiff] to liability for substantial damages”
Source: CourtListener parenthetical corpus (CC0).
Judges: Markey, Friedman, Skelton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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