Operation Restoration: How Can Patent Holders Protect Themselves From Medimmune?

By: Stephanie Chu

The Supreme Court’s recent decision in MedImmune v. Genentech shifts the balance of power in license agreements from patent holders to their licensees. This iBrief outlines the potential implications of the new rules on all stages of patent prosecution and protection. Further, it evaluates remedial contract provisions patent holders may include in future license agreements and how these provisions may mitigate the decision’s effects on preexisting commercial relationships.

Cite: 2007 Duke L. & Tech. Rev. 0008