_ Case: 19-1672 2 Document: 51 Page: 2 Filed: COMMUNICATIONS TEST DESIGN v. Also represented by KELLY MULLALLY, SETH KINCAID TRIMBLE. COBY SCOTT NIXON, Taylor English Duma LLP, Atlanta, GA, argued for defendant-appellee. Also represented by DENNIS ALAN WHITE, JR. _ Decided: Ma_ RICHARD WILLIAM MILLER, Ballard Spahr LLP, Atlanta, GA, argued for plaintiff-appellant. CONTEC, LLC, Defendant-Appellee _ 2019-1672 _ Appeal from the United States District Court for the Eastern District of Pennsylvania in No. 2201(a) and pursuant to the first-to-file rule.Ĭase: 19-1672 Document: 51 Page: 1 Filed: United States Court of Appeals for the Federal Circuit _ COMMUNICATIONS TEST DESIGN, INC., Plaintiff-Appellant v. The Federal Circuit affirmed, finding that the district court did not abuse its broad discretion under the Declaratory Judgment Act, 28 U.S.C. The Pennsylvania court dismissed, finding that CTDI’s anticipatory filing was made in bad faith during active licensing discussions the court found that equitable considerations warranted departure from the first-to-file rule. Six days later, Contec sued CTDI for infringement in the Northern District of New York. CTDI sought a declaratory judgment in a Pennsylvania federal court that its test systems do not infringe Contec’s patents. Three of the six inventors of the patents reside in New York another left Contec and works in CTDI’s, New York facility. Contec “provides repair, test and reverse logistics for electronics hardware used in a broad range of markets.” Contec owns patents for the “Arrangement and Method for Managing Testing and Repair of Set-Top Boxes” and for a “Multimedia Device Test System.” The patented systems were designed and developed at Contec’s New York headquarters. The test systems were designed and developed at CTDI’s Pennsylvania facility. for testing set-top boxes and multimedia devices. Since 2007, CTDI has developed, manufactured, and used its “Gen3” and “Gen5” test systems within the U.S. CTDI is a worldwide engineering, repair, and logistics company with its principal place of business in Pennsylvania.
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