Patent Licensing Post MedImmune

Best Practices for Adapting to Sweeping Change in Licensing

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Thursday, June 28, 2007

Course Materials


This year, the legal landscape for patent licensing changed dramatically. The Supreme Court rejected the Federal Circuit's long-standing "reasonable apprehension of suit" test in MedImmune v. Genentech in January. Now, the Federal Circuit for the first time substantively applied that decision on March 26 in SanDisk v. STMicroelectronics.

In a decision that the Federal Circuit itself described as "sweeping change" to patent licensing law, SanDisk holds that a patent owner that asserts infringement against another entity to demand licensing and royalties cannot prevent the alleged infringer from then litigating the merits of these infringement assertions.

Listen as our panel of patent law specialists examine the Federal Circuit's first application of MedImmune and discuss the impact for patent holders and licensees - and best practices for IP asset owners to adapt to the latest developments in patent licensing law.



The panel will review these and other key questions:

  • What is the immediate impact of SanDisk for both patent holders and prospective licensees?
  • What clues does SanDisk give patent owners and licensees on the continuing development of patent law in the wake of MedImmune?
  • How does SanDisk alter how patent holders and licensees should approach patent licensing negotiations and agreements?
  • What are the important considerations for pursuing infringement accusations and for filing declaratory judgments?


Allen E. Hoover
Allen E. Hoover
Banner & Witcoff

He has substantial experience in intellectual property law. His licensing experience includes negotiations, transaction...  |  Read More

Michael J. Sacksteder
Michael J. Sacksteder
Fenwick & West

He focuses on patent litigation and litigation in other substantive areas of intellectual property law. His experience...  |  Read More