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Speak No Evil (Don't Even Hint at It): Declaratory Judgment Jurisprudence After Medimmune

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Michael H. Baniak & Suresh B. Pillai --I. INTRODUCTIONPatent owners enjoy most of the same benefits, including the right to exclude and the freedom to contract, as the owners of other types of personal property. Balanced with these ordinary rights, however, is Congress's concern that the property rights of the patent owners do not conflict with the underlying purpose of patent grants: "[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."(1) At times, this allowance for inventors to enjoy their exclusive...

Full post as published by Patent Docs on October 30, 2008 (boomark / email).