The implications of MedImmune v Genentech

“You can’t have it both ways.” Not so (atleast if you are a patent licensee), declaredthe United States Supreme Court in its 9thJanuary 2007 decision in MedImmune Inc vGenentech Inc. In its eagerly anticipatedopinion, an eight-to-one majority of the Courtdecided that a patent licensee can sue tochallenge the validity of the underlying patenteven while continuing to comply fully with theterms of the licence.