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CLB Journal Club: Contracting for a Return to the USPTO


October 11, 2010 12:45pm - 2:00pm

Room 271


Contracting for a Return to the USPTO: Inter Partes Reexaminations as the Exclusive Outlet for Licensee Challenges to Patent Validity

Monday, October 11, 2010 12:45-2 PM
Room 271, Stanford Law School – Thai food will be served

Journal Clubs are opportunities for informal discussion, in which students and faculty explore a topic of interest in law and the biosciences. This week, Dmitry Karshtedt (SLS 2011) will present his forthcoming paper, which will be published in IDEA, and facilitate discussion. Suggested reading can be downloaded HERE. Abstract from Dr. Karshtedt's paper:

    "Many commentators have argued that the Supreme Court's 2007 MedImmune v. Genentech decision has imperiled the practice of patent licensing by making it too easy for licensees to challenge the validity of licesened patents. I argue that, by contracting for adjudication of patent validity through the USPTO's inter partes reexamination system, patent licensors and licensees can avoid costly litigation without running afoul of the federal policy of allowing facile challenges to the validity issued patents."

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