Re-Thinking IP Licenses in the Wake of The Supreme Court's 1/9/07 Decision in Medimmune v. Genentech

Patent licensing is a critical component of nanotechnology commercialization, where a large volume of licensing facilitates the transfer of technology from universities and government labs into nanotechnology start-up companies. In Medimmune v. Genentech, the Supreme Court opened the door to the possibility that a licensee may attack validity of a licensed patent while continuing to pay royalties under the license agreement and preserving the protection offered by the license agreement, thereby potentially avoiding the risk of an injunction if the attack on validity is unsuccessful.

In Medimmune v. Genentech, the Supreme Court opened the door to the possibility that a licensee may attack validity of a licensed patent while continuing to pay royalties under the license agreement and preserving the protection offered by the license agreement, thereby potentially avoiding the risk of an injunction if the attack on validity is unsuccessful.

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