In the proceeding Med Immune Inc. ./. Genentech Inc., the US Supreme Court came in a decision of January 9, 2007 to the conclusion that the licensee is not basically detained from filing a negative Declaratory Judgement against the underlying patent of the licence agreement.

Especially, he is not forced to determinate the licence agreement. Thus, the licensee has the opportunity to have declared whether the underlying patent is not valid anymore or if there is no infringement.

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