Blitz Defense by Declaratory Judgment According to our read of the Federal Circuit’s March 2012 decision (3M v Avery Dennison), business owners concerned about infringing a competitor’s patent have more guidance about when they can have the court declare the patent to be invalid or not infringed.  That’s right, you can sue a patent owner as a defensive strategy.  Just like an aggressive blitz can be a great call at the right moment in a football game, suing a patent owner for declaratory judgment (DJ) can help your business get the ball back so you can regain the initiative and score.  The 3M case informs us … [Read more...]