KLARQUIST NEWS
U.S. Supreme Court Clarifies and Expands the Scope of “Safe Harbor” Use of Patented Pharmaceuticals Under Sec. 271(c)(1)
On June 13, 2005, the U.S. Supreme Court, in a unanimous decision in the case of Merck KGaA v. Integra Lifesciences I Ltd, expanded the “safe harbor,” provided by 35 U.S.C. §271(e)(1), for use of patented drugs. In general, one infringes a U.S. patent by making, using, selling, offering to sell, or importing the subject […]