Legal Opinion

Medimmune, Inc. v. Genentech, Inc.

Court of Appeals for the Federal Circuit

Decided October 18, 2005No. 2004-1300PublishedCited by 17 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge NEWMAN.

Dissenting in part opinion filed by Circuit Judge CLEVENGER.

PAULINE NEWMAN, Circuit Judge.

Medlmmune, Inc., a licensee in good standing under a patent owned by Genen-tech, Inc. and City of Hope (collectively “Genentech”), seeks by declaratory action to challenge the validity and enforceability of the licensed patent on various grounds flowing from the settlement of a patent interference between Genentech and Cell-tech R & D, Ltd. The United States District Court for the Central District of California held that because Medlmmune continues to…

2Cases cited38 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  3. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  4. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  5. United Mine Workers v. PenningtonSupreme Court of the United States · 1965

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3Cited by17 opinions

  1. MedImmune, Inc. v. Genentech, Inc.Supreme Court of the United States · 2007
  2. United Food & Commercial Workers Unions & Emp'rs Midwest Health Benefits Fund v. Novartis Pharm. Corp.Court of Appeals for the First Circuit · 2018
  3. Radiancy, Inc. v. Viatek Consumer Products Group, Inc.District Court, S.D. New York · 2014
  4. Kaw Nation of Oklahoma v. United StatesUnited States Court of Federal Claims · 2012
  5. In Re Netflix Antitrust LitigationDistrict Court, N.D. California · 2007

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