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

June 2011
Marquette Intellectual Property Law Review;Jun2011, Vol. 15 Issue 2, p503
Academic Journal
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.


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