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Uncertainty About The Right To Protect Innovation

Law360 (January 30, 2008, 12:00 AM EST) -- In light of recent court decisions, it may be more difficult for non-practicing patent holders such as universities and research foundations to obtain and enforce patents. There are mainly five reasons why this is happening.

No more reliable patent licensing. The Supreme Court has made the business of licensing more uncertain by making it less lucrative for all patent holders, practicing and non-practicing ones alike.

In the recent MedImmune case, the Court held that a patent licensee does not need to terminate its license agreement, by...
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