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- Title
Merck v. Integra: § 271(e)(1) and the Common Law Research Exemption.
- Authors
Borchardt, James
- Abstract
The article examines the decision of the U.S. Supreme Court on the case "Merck v. Integra," which focuses on protection from patent infringement liability for research-related activities and the exemptions from this liability. Merck KGaA was sued by Integra LifeSciences Corp. for patent infringement for using several of Integra's RGD peptide patents during the course of identifying promising new drugs. Based on the analysis of the Supreme Court's decision, the author clarifies that the statutory research exemption begins to provide immunity from patent infringement liability after the common law research exemption's immunity ends.
- Subjects
UNITED States; MERCK v. Integra (Supreme Court case); MERCK KGaA; INTEGRA LifeSciences Corp.; UNITED States. Supreme Court; PATENT infringement; CLINICAL pharmacology; EXEMPTION (Law); PATENT law; ACTIONS &; defenses (Law)
- Publication
Journal of Corporation Law, 2007, Vol 32, Issue 4, p943
- ISSN
0360-795X
- Publication type
Article