Immunex Corp. v. Sandoz Inc.

 
APPEAL NO.
20-1037
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
O'Malley

Question(s) Presented

Whether “[a] party that obtains an exclusive license conveying ‘all substantial rights’ to a patent” may “nonetheless avoid becoming an effective owner under the all-substantial-rights test, and thereby evade double-patenting scrutiny, merely by leaving the nominal owner with a theoretical secondary right to sue, which the licensee can prevent from ever ripening by issuing a royalty-free sublicense[.]”