CJEU rules on patent licensing question in Genentech case
In a rare foray into patent law, the Court of Justice of the EU has ruled that a patent licensee must pay the agreed royalty for the full term of the agreement, even if the patent is revoked or found not to be infringed
The Court was ruling in a dispute between Genentech and Hoechst/Sanofi-Aventis, in a referral from the Court of Appeal in Paris.
Genentech had obtained a worldwide non-exclusive licence from Behringwerke (later taken over by Hoechst/Sanofi-Aventis) for the use of...
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