(January 11, 2018, 4:11 PM EST) -- SAN FRANCISCO — A California federal judge did not err in dismissing a declaratory judgment action over the “Merit” trademark, the Ninth Circuit U.S. Court of Appeals ruled Jan. 4, because the plaintiff in the case failed to establish the existence of an actual controversy as required by the Declaratory Judgment Act, 28 U.S.C. § 2201 (Merit Healthcare International Inc. v. Merit Medical Systems Inc., No. 16-55290, 9th Cir., 2018 U.S. App. LEXIS 246)....