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7 Oct 2013, 3:42 am by John L. Welch
Morton Int'l Inc., 508 U.S. 83 (1993), made it clear that the issue is one of mootness: whether the dismissal of opposer's claims rendered the counterclaims moot.In Cardinal Chemical, the Supreme Court ruled that a counterclaim for a declaratory judgment of patent invalidity was not rendered moot when the CAFC affirmed the district court's finding of non-infringement. [read post]