A rare U.S. Supreme Court decision in January 2007 may change the way parties negotiate patent license agreements in the future. The Medimmune, Inc. v. Genentech, Inc.
Medimmune v. Genentech and Its Aftermath
A rare U.S. Supreme Court decision in January 2007 may change the way parties negotiate patent license agreements in the future. The <i>Medimmune, Inc. v. Genentech, Inc.</i> decision has reversed the mainstream position that a patent licensee must discontinue paying royalties to challenge its obligation to pay royalties in a court of law. At face value, the decision might appear to be of little impact to parties of a patent license agreement. However, it could have a dramatic effect on how they approach the negotiation of a license agreement. In addition, the <i>Medimmune</i> decision has already been applied to patent infringement cases outside of the scope of licensing arrangements.
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Dan L. O'KornThis premium content is locked for LawJournalNewsletters subscribers only
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