Sierra Applied Sciences Inc. v. Advanced Energy Industries Inc.

Case Number: CLB0070

Date: 04.13.2004

Citation: 70 U.S.P.Q.2d 1577 (Fed. Cir. 2004)

No actual case or controversy underlies plaintiff’s claim for declaratory judgment that its power supply device does not infringe defendant’s patent, even though defendant’s letters accusing plaintiff of infringement manifestly created reasonable apprehension of suit, since dispute lacks sufficient “immediacy and reality” to warrant issuance of declaratory judgment.

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