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A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
Final judgment in declaratory judgment action does not bar subsequent suit for damages. The First Circuit recently held that where a final judgment has been reached in a declaratory judgment action, res judicata does not preclude a later action for damages arising from the same operative facts.
The First Circuit recently held that where a final judgment has been reached in a declaratory judgment action, res judicata does not preclude a later action for damages arising from the same operative facts.
Declaratory judgment and injunction Order (Injunctive Relief) are different in nature but same in purpose. The effects and outcomes may be varying ing to situation and requirements. The judgment doesn't award the remedies but the injunctive relief awards the remedies on the temporary or permanent base.
A counterclaim of infringement is a compulsory counterclaim to a claim for declaratory judgment of non-infringement. If a patent owner fails to assert an infringement counterclaim in a declaratory-judgment non-infringement suit, the patent infringement claim will be deemed waived.