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Expert Analysis

The Elimination Of A Patent Licensing "Safe Haven"

Law360 (April 2, 2007, 12:00 AM EDT) -- In SanDisk, the Federal Circuit applied the Supreme Court's MedImmune decision (MedImmune Inc. v. Genentech Inc., 127 S. Ct. 764, 166 L. Ed. 2d 604 (2007)) to patent licensing negotiations, and effected "a sweeping change in [Federal Circuit] law regarding declaratory judgment jurisdiction" with potentially "no practical stopping point short of allowing declaratory judgment actions in virtually any case in which the recipient of an invitation to take a patent license elects to dispute the need for a license and then to sue the patentee." SanDisk Corp. v. STMicrosystems Inc., 2007 U.S. App. LEXIS 7029, *37 (Fed. Cir. 2007) (Bryson, concurring)....

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