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: “On 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.”

Excerpts and Summaries

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