By Memorandum Order entered by The Honorable Leonard P. Stark in S3 Graphics Co., Ltd. v. ATI Technologies ULC, et al., Civil Action No. 11-1298-LPS (D.Del., December 11, 2015), the Court dismissed without prejudice the parties’ declaratory judgment claims and affirmative defenses relating to the existence of an implied license. The Court concluded that it lacked subject matter jurisdiction over the parties’ implied license claims and defenses because an implied license is an affirmative defense to a claim of patent infringement and the parties agreed that the case does not involve any allegations of patent infringement. Id. at 3. Thus, there was no case or controversy for declaratory judgment purposes and dismissal of the implied license claims for lack of subject matter was warranted. Id.
A copy of the Memorandum Order is attached.