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MedImmune, Inc. v. Genentech, Inc.

Docket No.: 05-608
Certiorari Granted: Feb 21 2006
Argued: October 4, 2006
Decided: January 9, 2007

Topics:

Article I, habeas, patent

PartyNames: MedImmune, Inc. v. Genentech, Inc., et al.
Petitioner: MedImmune, Inc.
Respondent: Genentech, Inc., et al.

Court Below: United States Court of Appeals for the Federal Circuit

MedImmune, Inc.
v.
Genentech, Inc., et al.
549 U.S. 118 (2007)
Question Presented:

Does Article III's grant of jurisdiction of "all Cases ... arising under ... the Laws of the United States," implemented in the "actual controversy" requirement of the Declaratory Judgment Act, 28 U.S.C. ยง 2201(a), require a patent licensee to refuse to pay royalties and commit material breach of the license agreement before suing to declare the patent invalid, unenforceable or not infringed?

Question:

Does the "actual controversy" requirement of the Declaratory Judgment Act require that a patent licensee break its licensing agreement by refusing to pay royalties before suing to declare a patent invalid and unenforceable?

Holding: judgment reversed and remanded
Vote: 8-1
Opinion By:
Read MEDIMMUNE, INC. V. GENENTECH, INC. opinion (PDF)

Read opinion
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