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MedImmune, Inc. v. Genentech, Inc.
No. 05-608
Title:
    MedImmune, Inc. v. Genentech, Inc.

Subject:

    Justiciability, Patents, Intellectual Property, Declaratory Judgment Act
Question:
    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. section 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?
Decisions:

Resources:

Briefs:

    Parties Counsel of Record

For Petitioner MedImmune, Inc.:

Harvey Kurzweil
Dewey Ballantine, LLP
New York, NY
For Respondent Genentech, Inc.:
Daniel M. Wall
Latham & Watkins LLP
San Francisco, CA


 

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