United States Federal Circuit

A licensee in good standing under a patent, and not in reasonable apprehension of suit, cannot bring a declaratory action to challenge the patent under which it is licensed.

Appellate Information

• Decided 10/18/2005
• Published 10/19/2005

Judges

• Before NEWMAN, MAYER, and CLEVENGER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Harvey Kurzweil, Dewey Ballantine LLP, of New York, New York, argued for plaintiff-appellant.   With him on the brief were Joseph Angland, Aldo A. Badini, and Henry J. Ricardo.   Of counsel on the brief was Elliot M. Olstein, Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, of Roseland, New Jersey.


• For Appellees:
  
• Daniel M. Wall, Latham & Watkins LLP, of San Francisco, California, argued for defendant-appellee Genentech, Inc. and the City of Hope. With him on the brief were Christopher S. Yates, and James K. Lynch;  and Mark A. Flagel, of Los Angeles, California and Dean G. Dunlavey, of Costa Mesa, California.   Of counsel on the brief were Roy E. Hofer, Cynthia A. Homan, and Meredith Martin Addy, Brinks Hofer Gilson & Lione, of Chicago, Illinois.   Also, of counsel on the brief were John W. Keker, Mark A. Lemley, and Daralyn J. Durie, Keker & Van Nest, L.L.P., of San Francisco, California., Joseph M. Lipner, Irell & Manella LLP, of Los Angeles, California, for defendant-appellee City of Hope. With him on the brief were Morgan Chu and Jason D. Linder.   Of counsel on the brief was Gordon A. Goldsmith, City of Hope, Office of the General Counsel, of Duarte, California., Charles S. Barquist, Morrison & Foerster LLP, of Los Angeles, California, argued for defendant-appellee Celltech R & D Ltd. With him on the brief were Steven M. Haines, of Los Angeles, California and Jason A. Crotty, of San Francisco, California.