TITLE

MUDDYING THE WATERS: HOW THE SUPREME COURT'S DECISION IN MERCK V. INTEGRA FAILS TO RESOLVE PROBLEMS OF JUDICIAL INTERPRETATION OF 35 U.S.C. § 271(E)(1), THE "SAFE HARBOR" PROVISION OF THE HATCH-WAXMAN ACT

AUTHOR(S)
Sertic, Michael
PUB. DATE
March 2007
SOURCE
Health Matrix: Journal of Law-Medicine;Spring2007, Vol. 17 Issue 2, p377
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses how the U.S. Supreme Court's decision in Merck v. Integra case fails to resolve problems of judicial interpretation of 35 U.S.C. section 271(e)(1). It analyzes the present scope of the 271(e)(1) infringement exemption related to preclinical research. It argues that courts should narrowly interpret 271(e)(1) to protect incentives to invent and market pharmaceutical and research inventions. It provides a history of 271(e)(1) interpretations prior to Merck decision.
ACCESSION #
31120065

 

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