APRIL 2007
A licensing revolution
The MedImmune case transformed the relationship between patent licensors and licensees. Nicholas Groombridge considers whether it will lead to a wave of patent invalidation lawsuits
On January 9 2007, the United States Supreme Court handed down what many in the intellectual property world have described as the most important development in US patent licensing law in nearly 40 years. In MedImmune v Genentech 549 US (127 S Ct 2d 2007), the Court held that a licensee in good standing, such as a licensee who continues to pay royalties and otherwise comply with the terms of its licence agreement can nonetheless go to court and seek a judicial determination that the licensed patent is invalid.
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