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Burden of Proof in a Declaratory Judgment Action by a Licensee in Good Standing

Excerpt: In MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007) [ an enhanced version of this opinion is available to lexis.com subscribers ], the Supreme Court held that a patent licensee does not have to breach or terminate its licensing agreement in order to bring an action for a declaratory...