The Theory posits that the Alaska Trustee should immediately file an action in Alaska against the Creditor for a Declaratory Judgment.
The first obvious problem is that for the courts of the DAPT state to enter a Declaratory Judgment against the Creditor, the DAPT state must have personal jurisdiction over the creditor.
The company that doesn't make anything or even have a web site, but files so many patent lawsuits that some companies have taken to pre-emptively filing suits for declaratory judgment against it?
Two weeks ago, in what it says was a pre-emptive move, Dish sued in federal court in New York, seeking a declaratory judgment that it has the right to offer the ad-skipping service.
Instead, the Trustee amended his Complaint to seek a declaratory judgment that the QPRT was the alter ego of the Husband and therefore the assets of the QPRT were property of the Bankruptcy Estate.
The company has filed a motion with the same judge that issued the ruling against it in June, asking for a declaratory judgment stating the problems from that earlier ruling are no longer present.
Four days earlier, BSH Home Appliances, which manufacturers Thermador products, filed a complaint for a declaratory judgment in U.S. District Court in Massachusetts, asking the court to rule that it has the right to use that material.
FORBES: Julia Child Foundation Embroiled In Lawsuits About Oven Ads
Mr. Bascom may indeed have invented and patented the technology, but the costs of invention and patenting of this sort of technology are likely not anywhere near the cost of prosecuting an infringement action or defending a declaratory judgment action.
We spoke with Julie Samuels of the EFF, who explained that filing for a declaratory judgment could theoretically enable NYT and OpinionLabs to have trials held in California and Illinois, where the declaratory judgments were filed, instead of the Eastern District of Texas -- the notoriously plaintiff-friendly court where Lodsys filed its suit against seven devs on May 31st.
ENGADGET: New York Times, OpinionLab sue Lodsys seeking declaratory judgement
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