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"You Got Me Sued Where?"

Law360 (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...
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