Declaratory judgment action dismissed where plaintiff had no reasonable apprehension of suit
Fairplay Electric Cars, LLC v. Textron Innovations, Inc., No. 06-60-JJF, May 15, 2006.
Farnan, J. Georgia court preliminarily enjoined Fairplay from marketing golf cars. Fairplay sought a declaratory judgment of non-infringement in Delaware relating to a golf car not accused in the Georgia action. Textron moved to dismiss, transfer, or stay the second-filed Delaware action. The motion was granted.
Textron claimed that the court has no subject matter jurisdiction because there has been no infringement claim and thus no actual controversy. Fairplay contended that the Georgia litigation, coupled with a letter which “implies” that the golf cars which are the subject of the Delaware litigation infringe, led it to reasonably apprehend litigation. The court found no reasonable apprehension of suit. The letter relied upon by Fairplay was sent after the Delaware lawsuit was filed. The court lacks subject matter jurisdiction.
Farnan, J. Georgia court preliminarily enjoined Fairplay from marketing golf cars. Fairplay sought a declaratory judgment of non-infringement in Delaware relating to a golf car not accused in the Georgia action. Textron moved to dismiss, transfer, or stay the second-filed Delaware action. The motion was granted.
Textron claimed that the court has no subject matter jurisdiction because there has been no infringement claim and thus no actual controversy. Fairplay contended that the Georgia litigation, coupled with a letter which “implies” that the golf cars which are the subject of the Delaware litigation infringe, led it to reasonably apprehend litigation. The court found no reasonable apprehension of suit. The letter relied upon by Fairplay was sent after the Delaware lawsuit was filed. The court lacks subject matter jurisdiction.
