IP Law Daily, COPYRIGHT—E.D. Va.: Copyright infringement lawsuit between software security companies to continue, (Jan 12, 2022)

By Ursula Furi-Perry, J.D.

Copyright misuse constitutes an affirmative defense, but not an affirmative claim; however, a justiciable controversy existed, and the ability to enforce a forum-selection clause was waived.

A software security company filed a claim for declaratory judgment against another, after it received a cease-and-desist letter wh ...