Abbott Unit Covered By Patent Safe Harbor, Magistrate Says

Law360 (March 9, 2018, 8:21 PM EST) -- A magistrate judge from the Eastern District of Texas has recommended dismissing a patent infringement suit against Abbott Laboratories unit St. Jude Medical, as the allegedly infringed patents were only used for clinical trial purposes, rather than commercial sale, placing them under a safe harbor.

That safe harbor protects companies that are infringing a patent in the process of getting a drug or medical device approved by the U.S. Food and Drug Administration and expires once the company intends to commercially sell the product. As St. Jude hasn't used its artificial heart valves for commercial purposes in the Eastern District of...

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