Estimating Hypothetically Negotiated Royalty Rates After Medimmune, Inc. v. Genentech, Inc., et al.

Name: Estimating Hypothetically Negotiated Royalty Rates After Medimmune, Inc. v. Genentech, Inc., et al.
Cite: J. Legal Econ. 43 (March 2008)
Year: 2008
Bluebook cite: Stevan D. Porter, Jr., Estimating Hypothetically Negotiated Royalty Rates After Medimmune, Inc. v. Genentech, Inc., et al., J. Legal Econ. 43 (March 2008).
Author: Stevan D. Porter, Jr.
URL: 14-MAR JLEGECON 43
Item Type: article
Summary: Abstract: â€œOn January 9, 2007, the opinion by the Supreme Court of the United States in MedImmune, Inc. v. Genentech, Inc., et al., ruled that a firm, while paying royalties on a patent under an arm's length license agreement, may judicially challenge the validity of that patent. This departure from prior precedent impacts negotiated license agreement royalty rates in the marketplace. Consequently, the estimation of hypothetically negotiated rates in patent litigation is affected. The effects on the marketplace and on the estimation of hypothetically negotiated rates are discussed in this article.â€

...more