Supreme Court Backhands Key Federal Circuit Test

Law360, New York (January 10, 2007, 12:00 AM EST) -- On January 9, 2007, the Supreme Court issued its highly-anticipated decision in MedImmune, Inc. v. Genentech, Inc., No. 05-608 (Scalia, J.), holding that a patent licensee may bring a declaratory judgment action seeking a decision that the licensed patent is invalid or not infringed even if the licensee is continuing to pay royalties under the license. Obviously, this decision will have a significant impact on licensor/licensee relationships and on the settlement of patent disputes.

Lost in most of the discussion of MedImmune, however, is the Supreme...
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