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November 07, 2013

Comments

Andrew,

Good summary and comments on the oral argument in this case. In my opinion, and as you suggest, Medimmune is an awful decision (Scalia gets a D- in my book for those IP decisions he's written) which completely distorts the licensing process in favor of the licensee/prospective licensee, and makes any licensing negotiation problematical as the licensee/prospective licensee can simply "run to court" or threaten same, putting the licensor/prospective licensor in a difficult negotiating position. To now say that the patentee must also have the "burden of persuasion" in the DJ action just compounds this unbalanced licensing situation that Medimmune has inflicted on us.

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