Jesting at scars that never felt a wound: The US Supreme Court's new doctrine of licensee standing without breach |
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Authors: | Richardson, Elizabeth A. Beattie, Paul H. |
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Affiliation: | Darby & Darby PC Seattle, USA |
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Abstract: | Until recently, it was assumed that patent licensees in compliancewith terms of their licence agreements would lack standingto sue their licensors, but in MedImmune v Genentech, the SupremeCourt of the United States held that federal courts in the UShave jurisdiction over declaratory judgment actions by patentlicensees asserting the invalidity, unenforceability, or non-infringementof a licensed patent, even where the licensee is in full compliancewith the licence agreement. |
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