Archives for: January 2007

Licensee Standing in Declaratory Judgment Patent Cases

Posted by Jay on January 24th, 2007

Medimmune's SynagisLess than two weeks ago, the U.S. Supreme Court held that a licensee could "pay and sue," i.e., continue to pay royalties, and nevertheless, challenge the validity, infringement or enforceability of the licensed patent in a declaratory judgment (DJ) action.

The ability to pursue this option changes the licensing calculus in our patent system which is dominated by transaction costs associated with both patent prosecution and patent litigation. See, for example, my article on "Why 'Bad' Patents Survive in the Market and How Should We Change?--The Private and Social Costs of Patents," 55 Emory L.J. 61 (2006).

=> Read more!

An examination of the legal and technological structures that keep almost all of us voiceless, by Prof. Andrew Chin (who?) at the University of North Carolina School of Law and Prof. Jay Kesan at the University of Illinois College of Law

voiceless is a new blog. If you like what you've seen so far, please consider making voiceless a little less voiceless by adding a link to it from your blogroll!

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