Licensors face new challenges after the US Supreme Court's decision in MedImmune v. Genentech
by Leslie Morioka, Scott Weingaertner
International Journal of Technology Transfer and Commercialisation (IJTTC), Vol. 8, No. 4, 2009

Abstract: In a landmark decision, MedImmune v. Genentech, the US Supreme Court held that a patent licensee does not have to terminate or be in breach of its licence agreement before filing a lawsuit to challenge the validity or enforceability of the licensed patent in a declaratory judgement action. This paper reports on the state of the law before MedImmune, the MedImmune decision itself, and the impact of MedImmune on technology transfer and licensing, including the new leverage US patent licensees now enjoy in challenging their licensors. The paper also discusses possible ramifications as to license agreements in the future, including the antitrust implications of restrictive licence provisions in the USA, as well as various international aspects of technology licensing in Europe and Japan.

Online publication date: Sun, 03-May-2009

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