Tuesday, September 19, 2006

Supreme Court to Consider What Defines an "Actual Controversy" for Purposes of a Declaratory Judgment Suit Challenging Patent Validity

Cornell's Legal Information Institute has published this preview of MedImmune v. Genentech (05-608), a case that will consider what defines an "actual controversy" for purposes of a declaratory judgment suit challenging the validity of patents. Here's the preview:

MedImmune v. Genentech (05-608)

A declaratory judgment suit is one in which the plaintiff’s requested relief from the court is a statement of the parties’ rights. In a declaratory judgment action, an “actual controversy” must exist between the parties in order for a court to declare the rights and legal relations of the interested parties. MedImmune v. Genentech asks the Supreme Court to consider what defines an “actual controversy” as applied to suits challenging the validity of patents. Specifically, the Court will decide whether it is necessary for a patent licensee to breach the terms of a patent in order to bring suit against the patent owner. The Court’s decision in this case has the potential to shift the balance of power between patent holders and licensees.

For the full preview visit http://www.law.cornell.edu/supct/cert/05-608.html.


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