Research Tool Patents Come Back To Life To Stop Infringing Drug Discovery Activities

June 13, 2003 Advisory

On June 6, 2003, the Court of Appeals for the Federal Circuit (CAFC) reinvigorated research tool patents when it held that the use of patented peptides for drug discovery research constituted infringement and was not exempt under the safe harbor provided by 35 USC §271(e)(1). Integra Lifesciences LTD et al. v. Merck KgaA et al., 02-1052, -1065 (CAFC, 2003).