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Federal Circuit· 7/11/1996

EMC Corp. v. Norand Corp.

Citations

  • 89 F.3d 807
  • 1996 WL 389358

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that the plaintiff had a “reasonable apprehension of suit” where threats were made in the context of negotiations
  • describing the effect on the defendant of the plaintiff’s tactical filing of a declaratory judgment action
  • emphasizing the court’s obligation to look beyond the form or particular “magic words” used by the parties to the substance of their communications
  • discussing two-part test for determining whether an actual controversy exists in suits requesting a declaration of patent invalidity
  • determining case or controversy existed but district court refused to grant jurisdiction because parties still negotiating and grant would create incentive structure for plaintiffs to seek unfair bargaining position
  • affirming decision to decline to exercise jurisdiction even where actual controversy existed

Source: CourtListener parenthetical corpus (CC0).

Judges: Bryson, Mayer, Schall

Read full opinion on CourtListener

Cited by

77 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

Other cases named EMC Corp. v. Norand Corp.

1 other CourtListener record shares this case name.

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.