In a unanimous decision, the Supreme Court agreed with the amicus brief that I helped draft in Merck KGaA v. Integra Lifesciences I, Ltd. on behalf of the American Intellectual Property Law Association. In an opinion by Justice Scalia, the Court ruled that the patent infringement safe harbor is broad, protecting uses of patented inventions reasonably related to the submission of any information to the FDA - including the preclinical animal tests that were apparently excluded by the Federal Circuit's original decision. Dennis Crouch's excellent patent law blog has more, including a link to the opinion.
Edited to add: The trackback link to Dennis Crouch's blog has brought a lot of visitors to GOAT who were probably disappointed that I offered no additional analysis of the case. So I've added a few thoughts here. Thanks for stopping by.
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