Subject Matter Jurisdiction, Declaratory Judgment Actions, and Patent Challenges by Licensees: Everything the Federal Circuit Knows Is Wrong

摘要

Kevin E. Noonan, an attorney in the Chicago office of McDonnell Boehnen Hulbert & Berghoff LLP, analyzes the decision by the US Supreme Court in MedImmune Inc. υ. Genentech Inc., in which the issue was whether a federal court could exercise jurisdiction under the Declaratory Judgments Act consistent with the Article III case-or-controversy requirement for a licensee in good standing's complaint that a licensed patent was invalid, unenforceable, or not infringed.