Must a patent licensee breach its license agreement before challenging the licensed patent? It’s an important question, one that the Supreme Court has just agreed to resolve.

The case, which has been the subject of debate in the patent bar for several years already, is MedImmune Inc. v. Genentech Inc. The legal issue is whether a patent licensee must stop paying royalties before it can initiate a declaratory judgment action challenging the licensed patents.

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