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· 7/29/1991

Spectronics Corporation v. H.B. Fuller Company, Inc., and H.B. Fuller Automotive Products, Inc.

Citations

  • 940 F.2d 631
  • 19 U.S.P.Q. 2d (BNA) 1545
  • 1991 U.S. App. LEXIS 16676
  • 1991 WL 138501

How courts have described this case

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

  • the patentee's statement of non-liability made the declaratory judgment plaintiff immune to suit under the claims of the contested patent
  • “[T]he existence of issued patent claims, presently enforceable against [the declaratory plaintiff seeking a declaration of non-infringement], are a requisite to litigation of a declaratory judgment action.”
  • \[t]he existence of an actual controversy is an absolute predicate for declaratory judgment jurisdiction.\
  • “ ‘[a]n actual controversy must be extant at all stages of review1 ”
  • “When there is no actual controversy, the court has no [jurisdiction and no] discretion to decide the case. When there is an actual controversy and thus jurisdiction, the exercise of that jurisdiction is discretionary.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Michel, Clevenger, Bennett

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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