Declaratory action by U.S. manufacturer improper where notice letters targeted foreign distributors for infringing a foreign patent

Allied Mineral v. Osmi was decided on September 13, 2017 on appeal from the Southern District of Florida. In June 2015, Stellar sent notice letters to two Mexican companies, accusing them of infringing Stellar’s Mexican patent. The Mexican companies were distributors of Allied, an American company. Allied manufactures the products accused of infringement in …

Declaratory action OK despite that DJ-plaintiff didn’t sell or manufacture the product

Asia Vital v. Asetek was decided on September 8, 2016 on appeal from the Eastern District of Virginia. There, the district court dismissed Asia Vital’s declaratory judgment action for lack of subject matter jurisdiction. After bringing suits against other competitors, Asetek sent Asia Vital a letter, accusing it of manufacturing an infringing …

Letter offering a nonexclusive license provided actual notice of infringement despite not threatening a lawsuit

SRI International v. Advanced Technology Laboratories was decided on October 23, 1997 on appeal from the Northern District of California. The case involved many issues but this post will only focus on actual notice under § 287(a). In May 1986, plaintiff SRI sent a letter to defendant Advanced Technology Laboratories (ATL) offering a non-exclusive license. …