QUESTIONS PRESENTED

1. Whether Article III’s grant of jurisdiction of "all Cases … arising under … the Laws of the United States," implemented in the "actual controversy" requirement of the Declaratory Judgment Act, 28 U.S.C. § 2201(a), requires a patentee to direct an affirmative act toward a potential infringer for declaratory judgment subject matter jurisdiction to exist.

2. Whether Article III’s grant of jurisdiction of "all Cases … arising under … the Laws of the United States," implemented in the "actual controversy" requirement of the Declaratory Judgment Act, 28 U.S.C. § 2201(a), requires that a patentee be able to sue a potential infringer before declaratory judgment subject matter jurisdiction can exist.

3. What are the metes and bounds of a district court’s discretion to dismiss a declaratory judgment complaint under the Declaratory Judgment Act, 28 U.S.C. § 2201(a), despite the existence of an actual controversy.

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