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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