Los Angeles counsel Paul Gelb co-authored “Patent Licensing After MedImmune” for AHLA's Life Sciences. The article discusses the U.S. Supreme Court’s first patent decision of the 2007 term, MedImmune, Inc. v. Genetech Inc., 127 S. Ct. 764 (2007). The case places patent licensors in a predicament: licensees may persecute a declaratory judgment action to challenge the licensed patent and simultaneously maintain good standing under the patent license agreement, thereby preventing a countersuit for infringement by the licensor.
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