Cotter Quoted in Washington Times Re Patents

On January 10, Professor Cotter was quoted in a Washington Times article about patent licensees. The article discusses the Supreme Court's opinion in MedImmune, Inc. v. Genentech, Inc., which was handed down January 9. The case presented the issue of whether a patent licensee may file a declaratory judgment action while the license remains in force. The Supreme Court, in an 8-1 decision, ruled that the licensee may do so, thus reversing the judgment of the U.S. Court of Appeals for the Federal Circuit. The article presents views from a number of observers regarding the practical implications of the ruling, e.g., will it result in more invalid patents being invalidated, will it inhibit licensing opportunities, will it give rise to much more litigation. In the interest of full disclosure, in July, Professor Cotter filed an amicus brief on behalf of nine law and business school professors, urging the Court to adopt the opposite view.