Authorities

MedImmune v. Genentech

MedImmune (2007) lets a licensee seek a declaratory judgment without breaching the license.

Citation: MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007)

Type: Case

Jurisdiction: Federal

Issuing body: Supreme Court of the United States

Status: Decided

Court: Supreme Court of the United States

Parties: MedImmune, Inc. v. Genentech, Inc.

Proceeding: court decision

A licensee need not break its license to seek a declaration of noninfringement or invalidity. An actual controversy exists where the facts show a substantial controversy of sufficient immediacy and reality, judged on all the circumstances. A license offer that identifies the patent and the product can be enough.

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