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To Pay or Not to Pay: Supreme Court to Consider Whether Patent Licensee in Good Standing May Challenge Patent Validity

Should a patent licensee who fully complies with the terms of its license be precluded from bringing a declaratory judgment action against the patent owner in order to challenge the validity of the patent? On Feb. 21, 2006, the Supreme Court granted certiorari in <i>MedImmune, Inc. v. Genentech, Inc.</i>, 126 S. Ct. 1329 (2006), to consider this precise question.

20 minute read May 31, 2006 at 12:06 AM
By
Paul A. Ragusa And Samantha M. French
To Pay or Not to Pay: Supreme Court to Consider Whether Patent Licensee in Good Standing May Challenge Patent Validity

Should a patent licensee who fully complies with the terms of its license be precluded from bringing a declaratory judgment action against the patent owner in order to challenge the validity of the patent?

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