Supreme Court Decision Gives Licensees Leverage

Law360, New York (March 1, 2007, 12:00 AM EST) -- The Supreme Court’s recent MedImmune decision revolutionized a patent licensee’s ability to challenge the scope and, perhaps, validity of licensed patents. MedImmune Inc. v. Genentech Inc. 127 S. Ct. 764 (2007).

The decision allows licensees to challenge patents without terminating the license. This allows a licensee to eliminate the risk of facing harm well in excess of the royalties, such as treble damages, attorney’s fees, and an injunction, when challenging a patent.

Some may view the decision’s effects as helping to defeat patents that should have...
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