In his concurrence, Judge Bryson agreed that MedImmune undermined the "reasonable apprehension of suit test," but disagreed with the majority's broad decision and its examination of the facts surrounding the parties' negotiations. Judge Bryson concluded that "the rule adopted by the court in this case will effect a sweeping change in our law regarding declaratory judgment jurisdiction." 480 F.3d at 1385. Noting that the facts in the case did not involve any unusual circumstances from normal licensing discussions, Judge Bryson warned that "it would appear that under the court's standard virtually any invitation to take a paid license relating to the prospective licensee's activities would give rise to an Article III case or controversy if the prospective licensee elects to assert that its conduct does not fall within the scope of the patent." Id.