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"High Court Ruling Could Spark Surge in Patent Challenges"

Looks like paralegals specializing in patent law can expect much more work:

"Patent litigation could explode in the wake of the Supreme Court's ruling Tuesday in a closely watched dispute over patent validity between two biotechnology firms.

"The Court, by an 8-1 vote, reinstated a lawsuit by MedImmune challenging a Genentech patent related to Synagis, a popular drug for treatment of respiratory disease in children. The opinion in MedImmune v. Genentech, written by Justice Antonin Scalia, says patent licensees no longer have to breach the license in order to have standing to challenge the patent that they dispute. Patent lawyers say the ruling could lead to a flurry of challenges to existing patents.

"'It's a rare patent where you can't find something to challenge. There will be an explosion in litigation by these licensees,' says Jim Badke, a partner at Ropes & Gray. 'Companies can have their cake and eat it too.'"

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