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


    Justiciability, Patents, Intellectual Property, Declaratory Judgment Act
    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?



    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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