Complying With License, MedImmune Loses Case

Law360, New York (October 20, 2005, 12:00 AM EDT) -- Biotechnology company MedImmune Inc. thwarted its own efforts at invalidating a patent held by rival Genentech Inc. because it followed through on a license agreement, according to a ruling affirmed by the Federal Circuit.

MedImmune sued Genentech in April 2003 in U.S. District Court for the Central District of California, seeking declaratory judgment that a newly-issued patent for using cell cultures to manufacture human antibodies was unenforceable. Genentech was seeking royalties on the patent, a continuation of the patent already licensed to MedImmune.

The lower court...
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