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| Key Legal Decisions |
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Court: |
United States Court of Appeals for the Federal Circuit |
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Topic: |
Intellectual Property, Patent |
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Title: |
MADEY v. DUKE UNIV. |
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Date: |
10/03/02 |
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Case Number: |
01-1567 |
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Summary: |
The experimental use defense exists, albeit in a narrow form, and may be raised after the responsive pleading, and the district court erred in attatching too much weight to an institution's non-profit, educational status in applying the defense to use of patented laser technology. |
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Court: |
U.S. Supreme Court |
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Topic: |
Drugs & Biotech, Intellectual Property, Patent |
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Title: |
Merck v. Integra Lifesciences |
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Date: |
06/13/05 |
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Case Number: |
03-1237 |
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Summary: |
The use of patented compounds in preclinical studies is protected under 37 U.S.C. section 271 (e)(1) as long as there is reasonable basis to believe that the compound tested could be subject of an FDA submission and the experiements will produce the types of information relevant to a new drug application. |
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