MedImmune V. Genentech And Licensee Estoppel

Law360, New York (February 23, 2007, 12:00 AM EST) -- As noted in the February 7, 2007 edition of IP Law360 (“A Contrarian View Of MedImmune V. Genentech”), the Supreme Court’s MedImmune decision addressed only jurisdictional issues, and did not hold as to whether the doctrine of licensee estoppel, or the Lear doctrine, apply to a so-called non-repudiating (i.e., non-breaching) licensee.

In fact, it appears more likely than not that MedImmune may have been much ado about nothing regarding licensee estoppel and the non-repudiating licensee. Once the case is heard on the merits, the licensee could...
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