Thank you for sharing!

Your article was successfully shared with the contacts you provided.

On Jan. 9, 2007, the Supreme Court decided MedImmune, Inc. v. Genentech, Inc., U.S. Supreme Court No. 05-608, holding that a patent licensee need not breach its license agreement in order to file a declaratory judgment action regarding non-infringement, invalidity or unenforceability. This decision overturned a rule established by the Federal Circuit decision in Gen-Probe Inc. v. Vysis, Inc., 359 F.3d 1376 (Fed. Cir. 2004), that the existence of a license agreement categorically eliminated any apprehension of suit by the licensee, thus precluding the possibility of a case or controversy sufficient to satisfy the requirements of Article III or the Declaratory Judgment Act. The MedImmune decision will have an impact not only on the law regarding declaratory judgment actions by licensees, but also on the Federal Circuit’s declaratory judgment jurisprudence generally. Moreover, the case will have ramifications for both licensors and licensees in all fields of technology.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.