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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.