Jurisdication Must be Conferred by Acts Prior to Filing (and After Dismissal of the Prior Action)

Citizen Electronics Company, Ltd. v. Osram GmbH, [06-1211](March 29, 2007)[MICHEL, Lourie, Bryson] NON-PRECEDENTIAL The Federal Circuit affirmed the dismissal of the declaratory judgment action brought by Citizen Electronics, on grounds of lack of subject matter jurisdiction.
BRIEF: Citizens brought a declaratory judgment action that its white LEDs do not infringe Osram's U.S. Patent Nos. 6,066,861, 6,245,259, 6,277,301, 6,576,930, 6,529,7870, 6,613,247 and 6,812,500. Subsequently Osram sued Citizens in Germany on corresponding patents. The trial court dismissed the declaratory judgment action for lack of standing, finding the German litigation irrelevant because it occurred after the filing of the declaratory judgment action. After this dismissal, Citizens brought a second declaratory judgment action, alleging new facts. The trial court dismissed the second action on grounds of res judicata, noting that the European Action was already considered in the prior action and found to be irrelevant. Because there was nothing subsequent to the first dismissal that conferred jurisdiction, the Federal Circuit affirmed the dismissal.