Supremes Open Up Drug Research

This U.S. Supreme Court patent decision today will be big news for those financing early-stage life sciences companies:

Merck v. Integra, 545 U. S. ___ (2005).
In a unanimous decision, the Supreme Court has set aside the Federal Circuit’s holding — finding that “the use of patented compounds in preclinical studies is protected [under 35 U.S.C. § 271(e)(1)] as long as there is a reasonable basis for believing that the experiments will produce the types of information that are relevant” to FDA approval.

More broadly, the decision, which sets aside a prior Federal Circuit ruling, will come as no surprise to those who have read Lerner & Jaffe’s “Innovation and its Discontents”, where the authors convincingly argue that the patent specialists at the Federal Circuit have taken an overly patentholder-friendly view of intellectual property law.

Related posts:

  1. Court Decision Against Content Syndication
  2. RIM Opinion is Good Patent Reading
  3. PTO Grows Patent Examiners in Petri Dishes
  4. Innovation and its Discontents
  5. Mark Cuban Gets Another Pulpit

Comments

  1. Steven says:

    Paul Kerdrosky,
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    With fantastically incredible sincerity,
    - Steven
    New York, NY
    PS– My gmail address is “noethos.”
    PPS– I offer this poem, which I title “Entitled” and dedicate to you, as a return favor :-)
    _Entitled_
    new glasses a cold
    day how sharp is
    this life I pocket
    quivering hands and hunch
    forward a small death
    to the wind all vitality is here is now I close
    my eyes, see shapes they are
    real aren’t they