MedImmune, Inc. v. Genentech, Inc.

MedImmune, Inc. v. Genentech, Inc.
Supreme Court of the United States
Argued October 4, 2006 Decided January 9, 2007
Full case name	MedImmune, Inc. v. Genentech, Inc.
Docket no.	05-608
Citations	549 U.S. 118 (more) 127 S. Ct. 764; 166 L. Ed. 2d 604; 2007 U.S. LEXIS 1003; 75 U.S.L.W. 4034; 81 U.S.P.Q.2d 1225
Case history
Prior	No. CV 03-2567, 2004 U.S. Dist. LEXIS 28680 (C.D. Cal. Apr. 26, 2004); affirmed, 427 F.3d 958 (Fed. Cir. 2005); cert. granted, 546 U.S. 1169 (2006).
Subsequent	535 F. Supp. 2d 1000 (C.D. Cal. 2008)
Holding
Contrary to respondents’ assertion that only a freestanding patent-invalidity claim is at issue, the record establishes that petitioner has raised and preserved the contract claim that, because of patent invalidity, unenforceability, and noninfringement, no royalties are owing. 427 F.3d 958, reversed and remanded.
Court membership
Chief Justice John Roberts Associate Justices John P. Stevens · Antonin Scalia Anthony Kennedy · David Souter Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito
Case opinions
Majority	Scalia, joined by Roberts, Stevens, Kennedy, Souter, Ginsburg, Breyer, Alito
Dissent	Thomas

MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007), was a decision by the Supreme Court of the United States involving patent law.^[1] It arose from a lawsuit filed by MedImmune which challenged one of the Cabilly patents issued to Genentech. One of the central issues was whether a licensee retained the right to challenge a licensed patent, or whether this right was forfeited upon signing of the license agreement. The case related indirectly to past debate over whether the US should change to a first to file patent system - in 2011, President Obama signed the Leahy-Smith America Invents Act, which shifted the United States to a first-inventor-to-file patent system.