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To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
A complaint is the pleading that starts a case . Essentially, a document that sets forth a jurisdictional basis for the courts power, the plaintiffs cause of action , and a demand for judicial relief .
The complaint describes the plaintiffs damages or injury, explains how the defendant caused the harm, shows that the court has jurisdiction, and asks the court to order relief.
However, a declaratory judgment is not a ruling on damages or compensation. Parties seeking damages or compensation would need to file a separate lawsuit.
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In legal terminology, a petition is made to the court by a petitioner against a respondent, while a complaint is filed by a plaintiff against a defendant. A petition asks the court to provide a court order, while a complaint seeks damages or to force the defendant to start or stop doing something.
In most civil cases the plaintiff asks the court to order the defendant to pay for the harm suffered by the plaintiff. Service of Process: The service of process is formally serving a summons and a copy of the complaint on the defendant.

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