Positec USA Inc. et al. v. Milwaukee Electric Tool Corp., No. 05-890 GMS, Sept. 25, 2006.
Sleet, J. The court denied a motion to dismiss this declaratory judgment action alleged to be unripe due to no objectively reasonably apprehension of imminent suit.
The patents are directed to circular saws with a movable handle. Correspondence to Positec Germany providing copies of the patents-in-suit and requesting the basis for a noninfringement claim was followed by a letter to Positec China stating certain claims were infringed by the accused saw, advising that Plaintiff “immediately cease” the manufacture and sale of the saw. It stated that defendant “will be forced to commence an infringement action” if plaintiff did not cease its activities by December 29, 2005 and insisted on information regarding the manufacturer so defendant could enforce its rights against such parties.
