Declaratory judgment action dismissed as unripe
Angiodynamics v. Diomed Holdings, Inc., No. 06-02 –GMS Sept. 7, 2006.
Sleet, J. Declaratory judgment action was dismissed due to no justiciable controversy. A motion to amend the complaint was also denied as futile.
Plaintiff had no reasonable apprehension of suit where there was no evidence the patentee has sued any party regarding the patents-in-suit. Defendant’s trade secret lawsuit against a former employee did not create a reasonable apprehension because the lawsuit was filed against another company and not the declaratory judgment plaintiff here. No evidence regarding defendant’s conduct towards plaintiff’s customers was presented. A statement that plaintiff’s products are “embraced by” the patents-in-suit does not give rise to a reasonable apprehension of suit.
