Rule 12(b)(1)

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Declaratory Judgment Act

Declaratory Judgment Act The Declaratory Judgment Act provides that in a case of actual controversy within its jurisdiction, any court of the United States may declare the rights of any interested party seeking such a declaration, regardless of whether or not further relief is or could be sought.  A defendant’s patent attorney that files a motion to dismiss under Fed. R. Civ. P. 12(b)(1) tests the subject matter jurisdiction of the court to determine […]

By | 2017-05-18T18:53:19+00:00 November 5th, 2013|Patents|Comments Off on Declaratory Judgment Act