· 12/21/1992
Telectronics Pacing Systems, Inc. v. Ventritex, Inc.
Citations
- 982 F.2d 1520
- 25 U.S.P.Q. 2d (BNA) 1196
- 93 Daily Journal DAR 778
- 1992 U.S. App. LEXIS 33297
- 1992 WL 373970
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “[t]here was no certainty that the device when approved would be the same device that began clinical trials”
- affirming the dismissal of a complaint where “[t]here was no certainty that the device when approved would be the same device that began clinical trials”
- “Even assuming an actual controversy, the exercise of a court’s jurisdiction over a declaratory judgment action is discretionary.”
- patent infringement suit unripe where accused defibrillator had only begun clinical trials and was years away from FDA approval
- “A count under the Declaratory Judgment Act should be distinguished from a count under 35 U.S.C. § 271 for patent infringement.”
- declaratory judgment actions evidencing a conflict of sufficient immediacy and reality should be allowed to proceed
Source: CourtListener parenthetical corpus (CC0).
Judges: Rich, Michel, Plager
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.