22, 2012 as US 2012/0067072A1. Plaintiff’s application discloses and claims the same invention claimed in the ‘783 Patent.
COUNT I (DECLARATION OF INVALIDITY)
The Plaintiff repeats and incorporates herein the allegations of paragraphs 1-10 above. 12.
This Count arises under the Declaratory Judgments Act, 28 U.S.C. § 2201
, and the patent laws of the United States 35 U.S.C. § 1
This Count seeks a declaratory judgment that the claims of the ‘783 Patent are invalid. 13.
The Defendant purports to be the assignee and owner of the ‘783 Patent. 14.
The Defendant has accused Plaintiff of infringement of the claims of the ‘783 Patent. 15.
Upon information and belief, the claims of the ‘783 Patent are invalid and void on the grounds that the purported invention fails to meet the conditions of patentability specified in Title 35 of the United States Code, including, but not limited to, 35 U.S.C. §§ 102, 103 and 112. 16.
More specifically, the claims of the ‘783 Patent are invalid and void under 35 U.S.C. § 102(g)(2) in that before the alleged invention by the Defendant, the invention was made by the Plaintiff and the Plaintiff had not abandoned, suppressed , or concealed it. 17.
A judicial declaration is necessary to resolve this controversy. The Plaintiff is entitled to a declaratory judgment that the claims of the ‘783 Patent are invalid.