TITLE

Medimmune v. Genentech: A Game-Theoretic Analysis of the Supreme Court's Continued Assault on the Patentee

AUTHOR(S)
SMITH, NICHOLAS G.
PUB. DATE
June 2011
SOURCE
Marquette Intellectual Property Law Review;Jun2011, Vol. 15 Issue 2, p503
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In 2007, the Supreme Court decided MedImmune v. Genentech. This decision changed the landscape of the patent licensing field by holding that a licensee in good standing may challenge the validity of a patent in a declaratory judgment action. By adding to the cost of entering a license agreement, MedImmune erodes one characteristic of a patent from which it derives its worth-the patent's ability to be licensed. Unfortunately, this has decreased the incentive to innovate by decreasing the value of a patent. This Comment seeks to illustrate, using a game theoretic model, how MedImmune will increase litigation against patent licensors, which in turn will increase the risk of entering a license agreement and decrease the value of a patent.
ACCESSION #
67154637

 

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