It is no secret that more than a few biotech and pharmaceutical companies perform drug discovery offshore and then import the results.
Federal Circuit Holds that Importing Data is Not Patent Infringement
It is no secret that more than a few biotech and pharmaceutical companies perform drug discovery offshore and then import the results. Holders of U.S. patents on drug discovery tools (such as molecular screening methods) have wondered for years whether data or drugs resulting from such activities constitute a "product made" under The Process Patent Amendments Act of 1988 (the "Act"). The Court of Appeals for the Federal Circuit ("Federal Circuit") — in a setback to the U.S. drug discovery industry — has now held that they do not. <i>See Bayer AG v. Housey Pharm., Inc.,</i> 340 F.3d 1367 (Fed. Cir. 2003).
By
Donald J. Featherstone And Jorge A. GoldsteinThis premium content is locked for LawJournalNewsletters subscribers only
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