U.S. Supreme Court To Hear Merck v. Integra

Law360, New York (January 9, 2005, 12:00 AM EST) -- The U.S. Supreme Court, which rarely takes on patent cases, has agreed to review an appeals court’s 2003 decision in a case with wide implications for research exemptions to patent infringement liability.

Justices will review a lower ruling that a Integra LifeSciences Holdings Corp.’s patent prohibited Germany's Merck KGaA from beginning research into a potential new anticancer drug, even if the drug could not feasibly be marketed until after the patent expired.

In its appeal, drug maker Merck questions the limits of the safe harbor statute...
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