Supreme Court Questions Limited Scope Of Patent Liability Exemption

Law360, New York (April 20, 2005, 12:00 AM EDT) -- In a case with broad implications for the pharmaceutical industry, the U.S. Supreme Court appeared skeptical Wednesday of an appeal court’s narrow interpretation of a statute that shields drug companies from patent liability in their research and development.

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...
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