September 7, 2006
Genentech v. MedImmune: The Statutory Issue
Dennis Crouch over at patently-o has posted on his great blog the briefs filed in a patent case soon to be heard in the Supreme Court. The Court and parties believe the issue is whether there is Article III jurisdiction over a declaratory judgment action brought against the licensor of a patent by the licensee where the licensee is still paying royalties, and so on. There were lots of amicus briefs, and I wrote one in which I argued on behalf of several law professors that Congress had simply not enacted statutes that granted this jurisdiction -- the Article III issue isn't to be reached. He posted all the briefs, including my brief which focused principally on statutory interpretation. Others mention the statutory issue, too. I'm betting that my position wins 5 votes... Stay tuned!
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