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For example, a policyholder believes that their denied claim is unjust. As a result, they inform the insurer that they are considering a lawsuit to recover losses. The insurer seeks a declaratory judgment to clarify its rights and obligations with hopes of preventing the lawsuit.

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.

Schedule a court hearing in which you and your attorney will explain the situation and chain of title to the judge. Present supporting evidence to the judge, such as a receipt, check, bill of sale, or sales contract, including your testimony. Prepare the actual declaratory judgment document for the judge's signature.

Certain elements must be present to request and receive a declaratory judgment. Specifically, declaratory relief requires (1) a justiciable controversy; (2) a legally protectable interest at stake; (3) a controversy ripe for judicial determination; and (4) an inadequate remedy at law.

The declaratory judgment plaintiffhas the burden of proving an actual controversy exists. 12 However, it is the declaratory judgment defendant who has the burden of proving patent infringement exists. That is, the burden of proving patent infringement is on the patentee, regardless of who brings the lawsuit.