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13 J. High Tech. L. 1 (2012-2013)

handle is hein.journals/jhtl13 and id is 1 raw text is: DECLARATORY JUDGMENT ACTIONS, COVENANTS NOT TO SUE, AND BAD PATENTS: A CALL TO ALLOW THE JUDICIARY TO WEED OUT BAD PATENTS WHILE ADHERING TO THE CASE OR CONTROVERSY REQUIREMENT Jason Scott Tiedeman*& Eric D. Gorman Cite as 13 J. High. Tech. L. 1 (2012) Introduction 1. BACKGROUND A. Declaratory Judgments 1. A Brief History of the Declaratory Judgment Act 2. The Use of the Declaratory Judgment Act in Pa- tent Litigation 3. The New Justiciability Test and its Impact on Subject Matter Jurisdiction a. Immediacy and Reality b. MedImmune and the New Justiciability Test. c. Common Misapplications of Cardinal Chemical Jason Tiedeman received his B.S. and M.S. in Mechanical Engineering from the University of Florida, and his J.D. from the John Marshall Law School. He would like to thank Daniel P. Sullivan for his editing assistance. He would also like to thank his family for their continued love and support. The views ex- pressed in this article are solely those of the authors. He can be reached at ja- sontiedeman@gmail.com. ** J.D., The John Marshall Law School. B.S., Mechanical Engineering, Michigan State University. Eric Gorman has both intellectual property educational background and work experience in Beijing, People's Republic of China, Chica- go, Illinois, and Detroit, Michigan, United States of America. Special thanks to my dad, mom, sister, and Dean for their words of encouragement. Thank you to my friends and colleagues for their helpful comments and insight. Finally, as always, I would like to thank Katina for her continuous support. He can be reached at eric.d.gorman@gmail.com. Copyright C 2012 Journal of High Technology Law, Jason Scott Tiedeman, and Eric D. Gorman. All Rights Reserved. ISSN 1536-7983.

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