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MAY 2007

A licence to challenge

The US Supreme Court decision in MedImmune gave licensees the right to challenge a licensed patent while continuing to pay royalties. But those patent owners that are responding to the new challenge by redrafting their licences must pay close attention to EU competition rules, say Sangeeta Puran and David Fyfield

In January the US Supreme Court reshaped the country's litigation landscape when it ruled in MedImmune v Genentech that a patent licensee can challenge the validity of US patents licensed to it while still paying royalties.



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