Patents: US Supreme Court permits Licensees to challenge Licensors’ Patents

Although the doctrine has been queried recently on the ground of incompatibility with EC and national competition law, it has been settled since Crossley v Dixon 10 HLC 293 that a licensee cannot impeach the title of his of her licensor. That rule has been swept away in the USA by the US Supreme Court’s judgment in Medimmune Inc v Genetech Inc. (9 Jan 2007). Toni Tease of Billings, Montana, who runs a very similar practice to ours and is tantamount to a fifth member of chambers, has written a very interesting case note on that decision in her monthly newsletter “Intellections”.

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About Jane Lambert

I am a barrister specializing in intellectual property, technology, media and entertainment and competition law. I specialize in helping SME (small and medium enterprises) protect and exploit their investment in brands, design, technology and the arts. SME require intellectual property (legal protection for their intellectual assets) at least as much as big business but their limited means restrict the way they can use it. Looking after such clients wisely requires skills and knowledge which have taken me years to learn.
This entry was posted in Patents Medimmune v Genetch Crossley v Dixon. Bookmark the permalink.

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