文章基本信息

标题：Integra: The research tool patent revival
本地全文：下载
作者：Charles J Raubicheck ; Barry S White ; Thomas J Kowalski 等
期刊名称：Journal of Commercial Biotechnology
印刷版ISSN：1478-565X
出版年度：2003
卷号：10
期号：2
DOI：10.5912/jcb69
语种：English
出版社：thinkBiotech LLC
摘要：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.
关键词：research tools;patent;Integra;research exemption;reach-through;royalties