Delaware Patent Litigation Report : Delaware Intellectual Property Lawyer & Attorney : Morris James Law Firm : Delaware Patent Litigation Report

Plaintiff filed this infringement action several months after defendant initiated a declaratory judgment action in the Tennessee District Court.  The Tennessee Court refused to dismiss the action because that action was first-filed, Tennessee had an interest in the litigation and the claims were properly stated under the Declaratory Judgment Act.  The court noted that the first-filed rule applies equally to declaratory judgment actions as it does to lawsuits seeking “coercive relief.”  The Tennessee court had previously denied a motion to dismiss or transfer to Delaware.  Deferring to the Tennessee District Court, this action is dismissed.