<Plaintiffs seek a declaratory judgment against Defendants that they do not infringe any asserted claim of the Patents-in-Suit, and that the asserted claims are invalid and/or unenforceable. >
Ron can correct and/or add but imo this is what the Judge is referring to when he stated
<So that the parties may pursue whatever recourse they believe is necessary, a complete opinion will issue before entry of any judgment.>
Since no summary judgement motion is pending, I think it would have been presumptive on the part of the judge to talk about SJ judgement w/o any motion in place.Hence he was probably referring to the requested declaratory judgement. Yes?
And as I understand it, such declaratory judgement is just that. It informs both sides how the court views things relative to what is in the DJ request. However, the declaration could form the basis for a nonmovant summary judgement or the court could entertain SJ motions post DJ.
I have not seen any discussion of this topic, so looking for confirmation or correction as may be the case.
Thanks and Merry Christmas to All
Opty
