Petitioner MedImmune entered a patent license agreement with respondent Genentech in 1997. Under the arrangement, MedImmune agreed to pay royalties on sales of antibodies that would otherwise infringe an existing patent and a pending patent application. The patent application matured into Genentech's "Cabilly II" patent in 2001. Shortly after this application matured, Genentech indicated its belief that MedImmune's product Synagis was covered by the Cabilly II patent and its expectation that MedImmune would pay royalties on sales of Synagis under the 1997 agreement. Read more about Supreme Court Holds Licensees in Good Standing May Seek Declaratory Judgment on Patent Validity, Enforceability, or Infringement
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