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4 Oct, 2006 12:52 pm
Today, the Supreme court heard oral arguments on MedImmune Inc. v. Genentech Inc. At issue in the case is whether a company must stop paying royalties on a patent
license in order to challenge the validity of the patent. MedImmune is paying licensing fees to Genentech on antibody technology used in MedImmune's childhood respiratory drug,
Synagis. At the same time, Medimmune wants to challenge Genentech's patent in court. The ...
9 Jan, 2007 12:19 pm
Here is the Syllabus for Medimmune, Inc. v. Genentech, Inc., et al., which the Supreme Court just decided today: No. 05-608. Argued October 4, 2006-Decided January
9, 2007 After the parties entered into a patent ... , inter alia, respondents' then-pending patent application, the application matured into the "Cabilly II" patent. Respondent
Genentech, Inc., sent petitioner a letter stating that Synagis, a drug petitioner manufactured, was covered by the Cabilly II patent ...
24 Apr, 2008 8:04 am
Supreme Court of California to issue its ruling today in City of Hope Nat. Medical Center v. Genentech, Inc. At issue in the case: When an inventor or researcher entrusts
a new idea or discovery to another under an arrangement providing for the other ... in 2005, Bob Egelko of The San Francisco Chronicle had an article headlined "State's highest court
steps in; Genentech dispute over royalties to be heard by justices." Some additional background on the case can be accessed here and here. Ironically, ...
1 Feb, 2008 2:04 am
/**/ Glaxo Group Ltd v Genentech Inc and another [2008] EWCA Civ 23; [2008] WLR (D) 21 "The approach to a stay in European patent cases differed from a stay in ordinary
commercial litigation because the possibility of parallel validity proceedings in national courts and in the European Patent Office was inherent in the legal arrangements in the
Convention under which the EPO was established." WLR Daily, 31st January 2008 Source: www.lawreports.co.uk Please note ...
21 Feb, 2008 2:24 am
/**/ Glaxo Group Ltd v Genentech Inc and Another Court of Appeal "The approach to a stay in European patent cases differed from a stay in ordinary commercial litigation
because the possibility of parallel validity proceedings in national courts and in the European Patent Office was inherent in the legal arrangements in the European Patent Convention."
The Times, 21st February 2008 Source: www.timesonline.co.uk Please note the Times Law Reports are only available ...
10 Jan, 2007 6:28 am
A Licensee's Failure to Cease Royalty Payments Does Not Render Nonjusticiable a Dispute Over A Patent's Validity. (Supreme Court 2007, 05-608) The issue, as articulated by Justice
Scalia in the majority (8-1) opinion, was as follows: [W]hether Article III's limitation of federal courts' jurisdiction to "Cases" and "Controversies," reflected in the "actual
controversy" requirement of the Declaratory Judgment Act, 28 U. [...]
5 May, 2008 4:57 am
... a secret scientific discovery to Genentech to develop, to patent, and to commercially exploit." City of Hope v. Genentech, Inc., ___ Cal.4th ___ (Cal. April 24,
2008) [Slip Opn., at 1]. Plaintiff prevailed at trial, and ... human proteins," and filed a confidential application with the National Institutes of Health for a grant. City of Hope, at
2-3. Genentech was formed by a doctor who learned of the discovery and a venture capitalist "to commercially exploit biotechnology." Id., at 3. Genentech ...
28 May, 2008 2:30 pm
... patent while MedImmune continued to pay royalties to use it. Medimmune, Inc. v. Genentech, Inc., et al. (S.Ct. No. 05-608). The patent, U. ... covers a
technology that uses cell cultures to manufacture human antibodies. MedImmune said Genentech had illegally obtained the patent by conspiring with a British biotech company.
Earlier, the Supreme ... MedImmune Asks: What's A Patent Lawsuit Among Friends? Genentech v. MedImmune Briefing MedImmune v. Genentech Supreme Court to Review MedImmune's
Bid to End ...
24 Apr, 2008 6:07 pm
... likely be viewed with a sense of relief by the California business community, which was stunned by the 2005 damage award against Genentech for breach of contract.. It is
highly unusual for punitive damages to be awarded in a breach of contract case, and of course, the concern was ... 2006. Still, the court hasn't set an oral argument date for City of
Hope National Medical Center v. Genentech Inc., S129463. Some court watchers are baffled by how long the case has languished. . . .Other than death ...
25 Apr, 2008 11:39 am
... biotech start-ups. The Supreme Court received 18 friend-of-the-court briefs on the case over the fiduciary duty owed by Genentech to City of Hope in the firm's promise of
royalties for commercial exploitation of the scientific discovery. The ruling April 25, in City of Hope National Medical Center v. Genentech Inc., S129463, is good news
for those entering joint venture relationships that may include fiduciary obligations. The court held ...
15 Aug, 2008 2:35 am
... offer. A Genentech press release explained the decision as follows: The special committee of the Board of Directors of Genentech, Inc. announced that, after
careful consideration, it has unanimously concluded that Roche's proposal to acquire the ... of the company and reflects the significant benefits that would accrue to Roche as a result
of full ownership. The Genentech press release further indicated that the special committee also approved the "implementation of a broad-based employee retention ...
24 Apr, 2008 12:24 pm
"Genentech Must Pay $300 Million Award, Court Rules": Bloomberg News provides a report that begins, "Genentech Inc., the world's second- largest biotechnology
company, must pay $300 million to a nonprofit medical research center seeking ... in punitive damages to City of Hope National Medical Center." Reuters reports that "Court upholds $300
mln of award against Genentech." And The Associated Press reports that "Court cuts $200M from royalty judgment against Genentech." You can access today's ruling ...
30 Jan, 2007 6:08 am
/**/ Strafford Publications is hosting a teleconference on February 14, 2007 titled, "MedImmune v. Genentech: Impact of the Supreme Court's Jan. 9 Decision on Patent Licenses
Court Overturns Long-Standing Federal Circuit Position." The Supreme Court's recent ruling in Medimmune Inc. v. Genentech Inc. fundamentally changes the rules of
engagement between patent owners and licensees. The decision is certain to impact patent licensing ...
10 Jan, 2008 8:28 pm
By Christopher P. Singer -- In a January 7, 2008 news release, Seattle Genetics, Inc. announced that it will receive a $4 million milestone payment from its collaboration with
Genentech, Inc. This payment arose as a result of Genentech's initiation of a phase Ib clinical trial of SGN-40 in combination...
25 Aug, 2008 4:10 am
... its declaratory judgment jurisdiction jurisprudence ever since the Supreme Court's Medimmune, Inc. v. Genentech, Inc. decision. These cases have included
SanDisk Corp. v. STMicroelectronics, Inc., Teva Pharmaceuticals USA, Inc. v. Novartis Pharmaceuticals Corp., Benitec Australia, Ltd. v. Nucleonics, ... Corp. The trend
continues, albeit in a nonprecedential opinion, in Merck & Co. v. Apotex Inc. In a per curiam decision from a panel made up of CAFC Judges Mayer and Linn and...
30 Jul, 2007 7:57 pm
By Kevin E. Noonan -- The Federal Circuit addressed the contours of federal court declaratory judgment jurisdiction in light of the recent U.S. Supreme Court holding in
MedImmune,Inc. v. Genentech, Inc. in a decision last week in Benitec Australia, Ltd. v. Nucleonics, Inc. Although the Federal Circuit's application of the...
1 Apr, 2007 6:14 pm
The Federal Circuit Continues Its Capitulation on Declaratory Judgment Actions By Kevin E. Noonan --- In its MedImmune, Inc. v. Genentech, Inc. decision, the
Supreme Court suggested in dicta that the Federal Circuit's reasonable apprehension of (imminent) suit test was in conflict with Supreme Court precedent, but limited this dicta...
19 May 4:23 am
... affirming the district court's claim construction and summary judgment of noninfringement in Abbott Laboratories v. Sandoz, Inc., the Court of Appeals for the Federal Circuit
took the opportunity to reconcile a long-standing conflict in its precedent. Deciding ... en banc, the court expressly overruled its earlier panel decision in Scripps Clinic &
Research Foundation v. Genentech, Inc. in favor or the contrary panel decision in Atlantic Thermoplastics Co. v. Faytex Corp.; the decision affirms ...
1 Nov, 2008 2:22 am
... the average investor--it is apparently also affecting the investment portfolios of some biotech and pharmaceutical companies such as Genentech, reported the San Francisco
Business Times. According to the San Francisco Business Times, Genentech held preferred stock in ... biotech and pharmaceutical companies which have been affected by investment
losses include Biogen Idec. Inc. and Lexicon Pharmaceuticals, Inc. While most in the industry would expect that biotech stock prices would be affected by a ...
2 Aug, 2007 7:56 pm
By Christopher P. Singer -- Genentech announced in an August 2, 2007 press release that the Hart-Scott-Rodino waiting period that applied to its acquisition of Tanox, Inc.
has expired, and that the acquisition is now completed. The merger agreement, originally approved by Tanox shareholders on January 15, 2007, provides a...
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