Supreme Court Decision Curbs Rights Of Patent Holders

Law360, New York (June 13, 2005, 12:00 AM EDT) -- Today the U.S. Supreme Court in a unanimous decision in Merck v. Integra, No. 03-1237, broadly interpreted the scope of a rather ambiguously-worded provision of the U.S. patent statute, 35 U.S.C. 271(e)(1).


That provision provides a "safe harbor" from patent infringement liability for firms that, in the course of conducting tests and experiments needed to gather information for submission to the Food & Drug Administration (FDA), make or use inventions that are patented by others.


The Supreme Court held that the safe harbor protects...
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