Patent licensing relationships often feel like an intellectual property soap opera, chock-full of dirty fights, drawn-out negotiations, and complicated back stories. In January, two U.S. Supreme Court rulings introduced a new plot twist, and now patent lawyers, licensors, and licensees are gearing up for a season of major catfights.
The rulings, both in favor of pharmaceutical developer MedImmune Inc., give companies more leverage to challenge the legitimacy of the patents that they license from patent holders. The decision could destabilize countless agreements, throwing companies back into negotiations, or even worse, into court for the patent equivalent of divorce proceedings. The ruling has a much larger impact than many Supreme Court decisions because it has a retroactive effect, says Nixon Peabody IP partner Lawrence Sung. It affects both new licenses and what people will do with existing licenses.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
