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- Title
Integra: The research tool patent revival.
- Authors
Raubicheck, Charles J.; White, Barry S.; Kowalski, Thomas J.; Brown, Daniel G.; Leahy, Amy; Fekete, Pamela
- Abstract
There was a question as to the value of research tool patents; for instance, whether practising such patents for preclinical research would be within the research exemption of the US Patent Statute. The Federal Circuit in Integra Lifesciences I, Ltd v Merck kgaA held that the preclinical research in issue was not within the safe harbour of the research exemption, breathing life into research tool patents; but vacated the damages award because it appeared to have been influenced by hindsight knowledge that a valuable drug candidate had emerged. Integra is thus good news and bad news for owners of patents relating to discovery tools. This paper is not to be considered opinions of Frommer Lawrence & Haug LLP or any of the firm's clients; and nothing in this paper is to be considered as legal advice, a substitute for legal advice, or as positions/strategies, etc taken/employed in, or suitable for, any particular case or set of facts.
- Subjects
PATENT suits; INTEGRA LifeSciences Corp.; MERCK KGaA; PATENTS; INTELLECTUAL property; BIOTECHNOLOGY industries
- Publication
Journal of Commercial Biotechnology, 2003, Vol 10, Issue 2, p162
- ISSN
1462-8732
- Publication type
Article
- DOI
10.1057/palgrave.jcb.3040070