I. INTRODUCTION Protection from patent infringement liability for certain research-related activities has been a component of U.S. patent law from the early days of the patent system. These exemptions from infringement liability represent a limitation on patent exclusivity as well as an important mechanism for ensuring that patent exclusivity does not unduly hinder technological advancement. For these reasons, when the Supreme Court speaks regarding the scope of a research exemption, a close look at the scope of the exemption is warranted. In Merck v. Integra, (1) the Supreme Court issued an opinion explicitly interpreting a statutory research exemption. However, this opinion also provides guidance for how courts in the future should view the interaction between this statutory research exemption and the common law research exemption.