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IP News

12 January 2007
Mayer Brown Newsletter
12 January 2007 - On January 9, 2007, the U.S. Supreme Court dramatically changed the rules governing the relationship between patent licensors and their licensees when the licensees are faithfully paying their royalties and are otherwise licensees in good standing. Reversing the Federal Circuit and overturning Federal Circuit precedent, the Supreme Court (opinion by Justice Scalia) held in MedImmune, Inc. v. Genentech, Inc., Case 05-608, that the licensee in good standing, MedImmune, did have standing to bring a Declaratory Judgment Action to challenge the infringement and the validity of the licensed patent.
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