In 2002, Duke University attempted to avoid liability for patent infringement by invoking the common law experimental research exception to patent infringement.
Two Years Later: The Effect of Madey v. Duke on Infringement By University Researchers
In 2002, Duke University attempted to avoid liability for patent infringement by invoking the common law experimental research exception to patent infringement. In a landmark decision, the U.S. Court of Appeals for the Federal Circuit rejected Duke University's argument that its infringing research activities should be exempt from liability under this exception. <i>Madey v. Duke Univ.,</i> 307 F.3d 1351 (Fed. Cir. 2002).
By
Robert W. Esmond, Ph.d. And Robert A. Schwartzman, Ph.d.This premium content is locked for The Intellectual Property Strategist subscribers only
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