Landmark Case To Test Research Exemption To Patent Liability

Law360, New York (April 18, 2005, 12:00 AM EDT) -- A landmark patent case before the U.S. Supreme Court this week could have broad implications for research exemptions to patent infringement liability.

The showdown between medical device maker Integra LifeSciences Holdings Corp.’s and Germany's Merck KGaA is closely watched by the drug industry, which fears that limitations to the research exemptions could add years in development time and greatly increase costs.

The dispute hinges on a clause in the Hatch-Waxman Act of 1984, which allows a generic company to manufacture and test a drug while the...
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