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L-3 Communications Security and Detection Systems Corporation Delaware v. American Science and Engineering, Inc.

MEMORANDUM in Support re MOTION to Dismiss for Lack of Jurisdiction, for Attorneys' Fees, and to Stay All Proceedings

11 Cited authorities

  1. Super Sack Manufacturing Corp. v. Chase Packaging Corp.

    57 F.3d 1054 (Fed. Cir. 1995)   Cited 218 times   4 Legal Analyses
    Holding that a patent holder's renunciation of all infringement claims arising from the products currently manufactured by a competitor mooted the competitor's request for a declaratory judgment of patent invalidity

  2. Amana Refrigeration, Inc. v. Quadlux, Inc.

    172 F.3d 852 (Fed. Cir. 1999)   Cited 154 times
    Holding that fear over suit over "new products 'in the pipeline,' but not advertised, manufactured, marketed, or sold before the filing date" failed to demonstrate the continued existence of an actual case or controversy

  3. EMC Corp. v. Norand Corp.

    89 F.3d 807 (Fed. Cir. 1996)   Cited 165 times   1 Legal Analyses
    Holding that there was a reasonable apprehension of suit and that the "most telling evidence" was a letter suggesting that the management of the corporate-assignee favored litigation

  4. Spectronics Corp. v. H.B. Fuller Co., Inc.

    940 F.2d 631 (Fed. Cir. 1991)   Cited 161 times
    Affirming the district court's dismissal of an action filed by Spectronics under the Declaratory Judgment Act, 28 U.S.C. § 2201, alleging, inter alia, invalidity and non-infringement of a patent owned by Fuller because Fuller filed a covenant not to sue Spectronics for infringement of the patent at issue and therefore Fuller was "forever estopped from asserting the [patent at issue] against Spectronics"

  5. Teva Pharmaceuticals USA, Inc. v. Pfizer, Inc.

    395 F.3d 1324 (Fed. Cir. 2005)   Cited 68 times   2 Legal Analyses
    Holding that the listing of patent FDA's Orange Book, without more, should not be construed as blanket threat to potential infringers

  6. Puerto Rico Maritime Shipping Auth. v. Leith

    668 F.2d 46 (1st Cir. 1981)   Cited 117 times
    Holding that district court has jurisdiction to approve a voluntary dismissal requested by only one party

  7. Grain Processing Corp. v. Am. Maize-Products

    840 F.2d 902 (Fed. Cir. 1988)   Cited 74 times   1 Legal Analyses
    Finding that a patentee can prove infringement by showing that just "some samples" or even "a sample" of the product is found to meet all the limitations of a patent's claims

  8. L.E.A. Dynatech, Inc. v. Allina

    49 F.3d 1527 (Fed. Cir. 1995)   Cited 32 times   1 Legal Analyses
    Noting that a forfeited argument is more readily addressed if it presents "a pure question of law"

  9. Waters Corp. v. Hewlett-Packard Co.

    999 F. Supp. 167 (D. Mass. 1998)   Cited 4 times

    No. Civ.A. 97-40178-NMG. March 26, 1998. John L. Welch, Dike, Bronstein, Roberts Cushman, Boston, MA, for Plaintiffs. Brian A. Davis, Kevin P. Light, Choate, Hall Stewart, Boston, MA, Timothy E. DeMasi, Jonathon A. Marshall, Pennie Edmonds LLP, New York City, for Defendants. MEMORANDUM ORDER GORTON, District Judge. On September, 16, 1997, the plaintiffs, Waters Corporation and its subsidiary, Waters Technologies Corporation (collectively "Waters"), brought this action for a declaratory judgment that

  10. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 107,527 times   195 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  11. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,501 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment