The Implications of Danisco for Patent Owners
November 6, 2014
Massachusetts Lawyers Weekly
In the Federal Circuit’s recent decision in Danisco U.S. Inc. v. Novozymes A/S, pre-patent issuance conduct such as past litigation, conduct during prosecution, and the parties’ status as competitors can establish the existence of a case or controversy even though the patent in dispute has not yet issued. As a result, patent owners must consider their pre-patent issuance actions when assessing the risk that they may later face a declaratory judgment action. In this article, Finnegan attorneys Paul W. Browning, Ph.D. and Jolie D. Lechner, Ph.D. discuss the Federal Circuit’s Danisco decision and its implications for patent owners.
