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Chief Judge Stark grants cross motion for partial judgment on the pleadings based on lack of subject matter jurisdiction over the parties’ implied license claims

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In a recent Memorandum Order, Chief Judge Leonard P. Stark granted defendants’ cross motion for partial judgment on the pleadings based on lack of subject matter jurisdiction over the parties’ declaratory judgment claims and affirmative defenses relating to the existence of an implied license (“implied license claims”), and thus dismissed the implied license claims without prejudice. S3 Graphics Co., Ltd. v. ATI Technologies ULC, et al., C.A. No. 11-1298-LPS (D. Del. Dec. 11, 2015). As Judge Stark explained, “[a]n implied license is an affirmative defense to a claim of patent infringement,” and “the parties agree[d] that this case does not involve any allegations of patent infringement.” Id. at 3. Accordingly, Judge Stark concluded that “there is no case or controversy, and the Court must dismiss the parties’ implied license claims.” Id. Judge Stark reached a similar conclusion with respect to “the implied license portion of [plaintiff’s] claim for injunctive relief.” Id. at 4. That is, just as the Court lacks subject matter jurisdiction to determine whether defendants have an implied license to the patents at issue, Judge Stark also found that the “Court lack[s] subject matter jurisdiction to provide [plaintiff] the remedy it requests relating to that claim.” In the same Memorandum Order, Judge Stark also denied plaintiff’s motion for reargument and motion to inspect as moot.

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