Shortly thereafter, Hard Line becomes aware of the Frugal letter--which predated Hard Line's policy period--and files a declaratory judgment action seeking to disclaim coverage.
38 In Vantage Trailers, the Southern District of Texas held that because the plaintiff "had neither asserted nor proven that it had a substantially fixed and definite trailer design when it filed its declaratory judgment action," its actions were merely preparatory and not sufficient to establish a controversy.
announced that a settlement has been reached today by Pfizer, Pfizer's affiliate, and Astellas, which are the parties to a Development and Marketing Agreement for a hypercholesterolemia drug "Lipitor(R)" manufactured and distributed by Astellas and promoted jointly by Pfizer and Astellas in Japan (the "DMA") on a declaratory judgment action filed by Astellas to confirm that the term of DMA shall continue until July 8, 2016.
Although Olive argued below that he was entitled to bring a declaratory judgment action because the rights at issue would arise in the future, that is not so; that could not arise if he never signed a contract and never represented a capital defendant.
BioDiscovery has consented to an entry of judgment in GSI Lumonics's favor in the declaratory judgment action in the US District Court for Massachusetts regarding GSI's QuantArray microarray analysis software.
In addition, Neuralstem initiated the litigation in 2008, not STEM, when it filed a declaratory judgment action against two STEM patents on May 7, 2008 asserting that STEM's patents were invalid, not-infringed and unenforceable because of inequitable conduct.
