Sarah FackrellTFW you want to make a threat but also want tot try to avoid giving the other side declaratory judgment jurisdiction.
Here's an interesting bit for all the procedure nerds out there: "The rules call for Judge Moore's complaint to be reviewed by an investigatory committee, which is usually made up of a mix of district court and circuit court judges. But since the Federal Circuit doesn't have district courts to pull from, the Federal Circuit would be reviewing its own case, or asking for it to be transferred to another circuit's committee."
https://www.law360.com/ip/articles/1596550?nl_pk=fd062d42-234e-4b6a-b9b5-4052fd7ef7
Fed. Circ. Chief Takes Aim At Judge Newman's Competency - Law360
Chief Federal Circuit Judge Kimberly Moore has filed a complaint alleging that her 95-year-old colleague Circuit Judge Pauline Newman is no longer fit to be on the bench, several attorneys with close access to the Federal Circuit said Thursday.
And here is the (really extraordinary) response: https://www.scribd.com/document/615796455/Blue-Sphere-v-Schedule-A-Plaintiff-statement-re-dismissals
For anyone here who doesn't know, Form 18 was abolished. See, e.g., https://www.americanbar.org/groups/intellectual_property_law/publications/landslide/2017-18/september-october/form-18-i-just-dont-know-what-i-want/
You're supposed to include more than just conclusory allegations of infringement now.
"The Copyright Office has issued an interim rule and request for comments regarding Copyright Claims Board (CCB) procedures governing district court referrals, proof of service forms, default proceedings, and the appearance of law student representatives before the CCB."
Comments are due February 2, 2023.
https://copyright.gov/rulemaking/district-court-referrals/?loclr=eanco