Patent Law Keyed to Adelman
MedImmune, Inc. v. Genentech, Inc.
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Genentech, Inc. (Defendant) licensed an existing patent and a pending patent to MedImmune, Inc., a drug manufacturer. The pending patent became a patent and Defendant notified Plaintiff it would owe royalties on the new patent. Plaintiff did not believe the new patent was valid and was not infringed by its drug, therefore no royalties were owed. Plaintiff did not want to risk the results of an infringement suit, so it paid the royalties under protest and filed a declaratory judgment action against Defendant. The suit was dismissed by the district court on grounds that the existence of the license agreement "obliterates any reasonable apprehension" of an infringement suit. Defendant successfully argued that Plaintiff had failed to meet the justiciability "case or controversy" requirement of Article III jurisdiction over declaratory judgment actions. Plaintiff appealed.
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