Recently by Steve Z. Szczepanski
Supreme Court Will Determine The Scope Of The "FDA Exemption" From Patent Infringement In Merck v. Integra
I. Introduction Should all or any of the research done to identify drug candidates and to test them for potential clinical trials be exempt from patent infringement under 35 U.S.C.§ 271(e)(1) (the "FDA exemption")? The Supreme Court has granted a writ of certiorari to review a decision by the...
Read MoreThe Effect Of Federal Circuit's En Banc Decision In Knorr-Bremse On The Advisability Of Obtaining Non-Infringement/Invalidity Opinions
I. Affirmative Duty To Avoid Infringement Of Patents The U.S. patent laws impose upon a potential infringer an affirmative duty to avoid infringement of U.S. patents which are known to it. Underwater Devices, Inc. v. Morrison-Knudsen Co., 717 F.2d 1380, 1389 (Fed. Cir. 1983) (if a potential...
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