Merck V. Integra: (Section) 271(E) (1) and the Common Law Research Exemption. Merck V. Integra: (Section) 271(E) (1) and the Common Law Research Exemption.

Merck V. Integra: (Section) 271(E) (1) and the Common Law Research Exemption‪.‬

The Journal of Corporation Law 2007, Summer, 32, 4

    • $5.99
    • $5.99

Publisher Description

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.

GENRE
Business & Personal Finance
RELEASED
2007
June 22
LANGUAGE
EN
English
LENGTH
39
Pages
PUBLISHER
University of Iowa Journal of Corporation Law
SELLER
The Gale Group, Inc., a Delaware corporation and an affiliate of Cengage Learning, Inc.
SIZE
303.1
KB
HIF Bio, Inc. And Bizbiotech Co., Ltd., Plaintiffs-Appellees, V. Yung Shin Pharmaceuticals Industrial Co., Ltd. (Doing Business As Yung Shin Pharmaceuticals and Yung Shin Pharm. Ind. Co. Ltd.), Yung Zip Chemical Co., Ltd., Fang-Yu Lee, And Che-Ming Teng, Defendants, And Carlsbad Technology, Inc., Defendant-Appellant, And Fish and Richardson P.C., and Y. Rocky Tsao, Defendants (Case Overview) HIF Bio, Inc. And Bizbiotech Co., Ltd., Plaintiffs-Appellees, V. Yung Shin Pharmaceuticals Industrial Co., Ltd. (Doing Business As Yung Shin Pharmaceuticals and Yung Shin Pharm. Ind. Co. Ltd.), Yung Zip Chemical Co., Ltd., Fang-Yu Lee, And Che-Ming Teng, Defendants, And Carlsbad Technology, Inc., Defendant-Appellant, And Fish and Richardson P.C., and Y. Rocky Tsao, Defendants (Case Overview)
2010
The Road Less Traveled: West Virginia's Rejection of the Learned Intermediary Doctrine in the Age of Direct-To-Consumer Advertising. The Road Less Traveled: West Virginia's Rejection of the Learned Intermediary Doctrine in the Age of Direct-To-Consumer Advertising.
2009
The Physician's Immunity Statute: A Botched Operation Or a Model Procedure? The Physician's Immunity Statute: A Botched Operation Or a Model Procedure?
2009
Is the Quick-Look Antitrust Analysis in Polygram Holding Inherently Suspect? Is the Quick-Look Antitrust Analysis in Polygram Holding Inherently Suspect?
2007
Qualified Appraisals and Qualified Appraisers Qualified Appraisals and Qualified Appraisers
2017
Who's Liable Now?--New Federal Brownfields Legislation. Who's Liable Now?--New Federal Brownfields Legislation.
2003
Series Llcs: The Asset Protection Dream Machines? (Limited Liability Companies) Series Llcs: The Asset Protection Dream Machines? (Limited Liability Companies)
2010
The Evolution of Debt: Covenants, The Credit Market, And Corporate Governance. The Evolution of Debt: Covenants, The Credit Market, And Corporate Governance.
2009
Liability for Fairness Opinions Under Delaware Law. Liability for Fairness Opinions Under Delaware Law.
2011
Can Corporate Monitorships Improve Corporate Compliance? Can Corporate Monitorships Improve Corporate Compliance?
2009
What Fiduciary Duties should Apply to the LLC Manager After More Than a Decade of Experimentation?(Limited Liability Company) What Fiduciary Duties should Apply to the LLC Manager After More Than a Decade of Experimentation?(Limited Liability Company)
2007
Shareholder Primacy's Corporatist Origins: Adolf Berle and the Modern Corporation. Shareholder Primacy's Corporatist Origins: Adolf Berle and the Modern Corporation.
2008