Licensees May Challenge a Patent Without Breaching License: The Supreme Court's Decision in MedImmune, Inc. v. Genentech, Inc.

'We hold that petitioner was not required, insofar as Article III is concerned, to break or terminate its 1997 license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed.'With this language, the U.S. Supreme Court concluded its 8-1 landmark decision in <i>MedImmune, Inc. v. Genentech, Inc.</i>, reversing the holding of the U.S. Court of Appeals for the Federal Circuit ('Federal Circuit'). This decision has potentially wide-ranging ramifications for patent licensing.

19 minute read January 31, 2007 at 02:31 PM
By
Benjamin Hershkowitz And Scott Kolassa
Licensees May Challenge a Patent Without Breaching License: The Supreme Court's Decision in MedImmune, Inc. v. Genentech, Inc.

'We hold that petitioner was not required, insofar as Article III is concerned, to break or terminate its 1997 license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed.'

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