Patent Licenses and the Recent Supreme Court MedImmune Decision

摘要

Patent licenses facilitate development of alloys, coatings, nanotechnology applications, and a host of other metallurgical developments by providing an avenue for exploitation of new technologies. Industry and the public are the eventual beneficiaries. From a licensee's perspective, the U.S. Supreme Court's 2007 decision in MedImmune v. Genentech may make it more attractive to enter a license, but from a licensor's perspective, the decision will be unsettling in many circumstances. In particular, the decision enhances a licensee's opportunity to respond to changing circumstances by challenging a patent it licenses. On the other hand, it presents certain challenges for companies, universities, and others who license patents to industrial partners. Both licensees and licensors should consider this particular decision when negotiating, renegotiating, and drafting patent license agreements.