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

Created

Sunday 01 of February, 2009 21:35:17 GMT
by Unknown

LastModif

Monday 02 of February, 2009 19:23:38 GMT
by Unknown