MedImmune Case: Implications For Licensing Agreements

Law360, New York (March 1, 2006, 12:00 AM EST) -- In agreeing to hear the case between MedImmune and Genentech, the U.S. Supreme Court will set a precedent for whether licensees in good standing are permitted to challenge licensed patents.

In hearing the case, the Court will have to determine whether a patent licensee must violate the terms of the license before it can challenge the patents in question.

In 2003, MedImmune sued Genentech in the U.S. District Court for the Central District of California, seeking declaratory judgment that a newly issued patent for using cell...
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