Cisco Systems, Inc. v. Sprint Communications Co., L.P., C.A. Nos. 15-431 – SLR; 15-432-SLR, February 19, 2016

Robinson, J. Defendant’s motion to dismiss for lack of subject matter jurisdiction is granted.

This is a declaratory judgment action.  Defendant has asserted infringement against various customers of plaintiff on their use of plaintiff’s products.  However, suppliers have no right to bring a declaratory judgment action solely because their customers have been sued for direct infringement. Plaintiff’s argument that its customers’ demands for indemnification satisfy the jurisdictional requirements, but the court disagrees where, as here, there is no obligation to indemnify.