'Integra': Safe Harbor For Research Tool Patents?

Law360, New York (August 31, 2007, 12:00 AM EDT) -- On July 27, the Federal Circuit in Integra LifeSciences v. Merck KGaA ruled on the Supreme Court’s broad interpretation of the patent infringement exemption set forth in 35 U.S.C. § 271(e)(1), for “uses reasonably related to the development and submission of information” to the Food and Drug Administration (FDA).

The Federal Circuit reversed the district court’s judgment of infringement, finding that all of the uses at issue qualified under the safe harbor provision of 35 U.S.C. § 271(e)(1) because they were “reasonably related to research that,...
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