Supreme Court Docket Report - October Term, 2005—No. 9

Originally published February 21, 2006

Recently the Supreme Court granted certiorari in two cases of interest to the business com-munity. Absent extensions, which are likely, amicus briefs in support of the petitioners will be due on April 7, 2006, and amicus briefs in support of the respondents will be due on May 12, 2006.

1. Federal Jurisdiction—Patents—Declaratory Judgments in License Agreement Disputes

. Article III of the United States Constitution provides federal courts with jurisdiction over "all Cases, in Law and Equity, arising under * * * the Laws of the United States." Even as-suming that there is Article III jurisdiction over a dispute, however, the Declaratory Judgment Act authorizes a court to render a declaratory judgment only if there is an "actual controversy" between the parties. See 28 U.S.C. § 2201(a). The Supreme Court granted certiorari in Medim-mune, Inc. v. Genentech, Inc., No. 05-608, to decide whether a patent licensee must breach its license agreement