Court Says Cisco Has No Right To Sue To Invalidate A Patent That Is Being Used Against Its Customers
from the that-just-seems-wrong dept
There are reasons why it makes sense to require an actual potential dispute before allowing someone to bring a declaratory judgment action, but it seems silly to argue that Cisco can't file this lawsuit. After all, its business can clearly be impacted by TR Labs' lawsuits. First, it automatically makes Cisco's offerings more expensive, in that buyers may either face increased liability or direct licensing costs just to use those products. Thus, Cisco has a direct financial stake in the outcome of those lawsuits and has a very good reason to see the patents invalidated. Unfortunately, the court just doesn't think that's enough:
In the circumstances presented here, that interest is simply insufficient to give rise to a current, justiciable case or controversy upon which federal declaratory judgment jurisdiction may be predicatedOf course, a better solution all around would be to make it much easier for anyone to get bad patents thrown out, but that's just not how our patent system works, unfortunately.