"You Got Me Sued Where?"

Law360, New York (August 15, 2007, 12:00 AM EDT) -- Previously, before filing a declaratory judgment action, the plaintiff needed to have a “reasonable apprehension of suit.” However, in January this year, the Supreme Court criticized this test. MedImmune Inc. v. Genentech Inc., 127 S.Ct. 764, 767, 2007 U.S. LEXIS 1003 (January 9, 2007).

The Court held that a patent licensee may challenge the validity of the licensed patent without breaching the license agreement. In addition to its central holding, a footnote in the decision the Court criticized the “reasonable apprehension of suit” test, and explained...
To view the full article, register now.

Law360 UK

UK Financial Services

Read Our Latest UK Legal News & Analysis

Financial Services Law360 UK and Insurance Law360 UK provide breaking news and in-depth analysis on U.K. and European Union regulation, enforcement, legislation, and litigation involving banks, investment firms, insurers, and more.