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Federal Circuit: Actual Controversy Existed When Patent Owner Did Not Know Existence of Specific Products
Asia Vital Components Co. v. Asetek Danmark A/S, No. 2015-1597 (Fed. Cir. Sept. 8, 2016) (precedential).
On Sept. 8, 2016 the Federal Circuit reversed the Eastern District of Virginia's dismissal of a patent dispute between Asia Vital Components Co. (AVC) and Asetek Danmark A/S (Asetek) for lack of subject matter jurisdiction. The district court found that the complaint did not plead sufficient facts to demonstrate a substantial controversy between the parties for a declaratory judgment, because the defendant-patent owner, Asetek, was not aware of the products at issue until the lawsuit was filed. Asetek initially wrote to AVC, alleging patent infringement over the manufacture and sale of a product called Liqmax120s, which actually was sold by another company unrelated to AVC.
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