SmartBrief
Confirm favorite deletion?
Remedies Keyed to Tabb, 8th
MedImmune, Inc. v. Genentech, Inc.
Citation:
549 U.S. 118 (2007)Facts
Petitioner MedImmune manufactures Synagis, accounting for over eighty percent of its revenue since 1999. In 1997, MedImmune entered a patent license agreement with Genentech covering existing patents and pending applications, including one relating to coexpression of immunoglobulin chains. When this application matured into the Cabilly II patent in December 2001, Genentech sent MedImmune a letter asserting that Synagis was covered by the patent and demanding royalty payments beginning March 2002. MedImmune believed the Cabilly II patent was invalid, unenforceable, and not infringed by Synagis. However, MedImmune considered Genentech’s letter a clear threat to terminate the license agreement and sue for patent infringement if royalties were not paid. Facing potential treble damages, attorney’s fees, and injunction against selling its primary product, MedImmune paid the demanded royalties under protest and with reservation of all rights, then filed this declaratory judgment action challenging the patent’s validity and seeking a determination that no royalties were owed under the contract.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.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.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.