Another Take On “Reasonable Apprehension of Suit”

Judge Farnan denied Resource Scheduling Coroporation�s (the codefendant’s) motion to dismiss for lack of an actual controversy. Epic received a letter from defendants informing Epic that one of their products infringed defendants’ patent and they would need to take a license. The letter went on to state that defendants �intend to add additional parties� to litigation involving the same patent pending in Texas. In addition, the letter proposed royalty rates for a possible license that would �increase over time and as our litigation progresses.� Based on the totality of these circumstances, the Court found that Epic had demonstrated reasonable apprehension of suit sufficient to establish an actual controversy.

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