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In a suit brought by HP against Acceleron, a patent holding company, seeking a declaratory judgment of non-infringement and invalidity of a patent related to Blade Servers, grant of defendant's motion to dismiss for lack of declaratory judgment jurisdiction is reversed where there is a definite and concrete dispute between HP and Acceleron with adverse legal interests as the facts of the case, when viewed objectively and in totality, show that defendant took the affirmative step of twice contacting HP directly, making an implied assertion of its rights under the patent against HP's Blade Server products, and HP disagreed.
Appeal from: United States District Court for the Central District of Delaware
Decided December 4, 2009
Opinion by Michel, Chief Judge
For Appellant: Charlene M. Morrow, Fenwick & West LLP
For Appellee: Jason W. Cook, Alston & Bird LLP