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Hewlett-Packard v. Acceleron

March 28, 2011

Represented Hewlett-Packard in a case filed by non-practicing entity Acceleron. On appeal to the Federal Circuit, we successfully obtained reversal of a decision dismissing HP’s declaratory judgment complaint in Delaware. This appeal set a new standard for when declaratory judgments can be filed, making it easier for potential defendants to bring suit in the court of their choosing, rather than waiting to be sued in the “hot docket” of the day. The appellate ruling clarified the declaratory judgment standards following MedImmune.