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  • Sandisk Corp. v. ST Microelectronics, Inc.Sandisk Corp. v. ST Microelectronics, Inc.
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Sandisk Corp. v. ST Microelectronics, Inc.

United States Court of Appeals for the Federal Circuit
480 F.3d 1372 (2007)


SanDisk Corporation (plaintiff) owned patents associated with flash-memory storage products. ST Microelectronics, Inc. (ST) (defendant) also owned patents covering similar products. In 2004, ST sent a letter to SanDisk requesting a meeting to discuss a licensing agreement, and listing a number of patents that ST believed SanDisk might be interested in licensing. After prolonged correspondence, the parties held a licensing meeting, during which ST claimed that SanDisk had infringed ST’s patents. Nevertheless, ST told SanDisk that ST had no intention of suing SanDisk. SanDisk suggested another meeting but also indicated that it was confident in its position. After several failed attempts to establish another meeting, SanDisk filed a declaratory judgment action against ST, seeking a declaration of non-infringement and that the relevant ST patents were invalid. ST filed a motion to dismiss the claim for lack of subject-matter jurisdiction. The district court granted the motion, finding that no actual controversy existed because SanDisk did not have an objectively reasonable apprehension of suit by ST. SanDisk appealed.

Rule of Law


Holding and Reasoning (Linn, J.)

Concurrence (Bryson, J.)

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