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A Contrarian View Of MedImmune V. Genentech

Law360 (February 7, 2007, 12:00 AM EST) -- The Supreme Court's eagerly anticipated January 9 decision in MedImmune v. Genentech has led to the usual crush of commentary. Many lawyers rushed to proclaim it a significant reversal of established patent law resulting in the death of the principle of “licensee estoppel.”

They foretold radical changes in the relationships between licensors and licensees that would upset settled expectations and lead to greatly increased litigation, the code word for chaos. In the words of the apt Gershwin tune, “It ain’t necessarily so.”

The sky is not...
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