Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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. Madey v. Duke Univ., 307 F.3d 1351 (Fed. Cir. 2002).
This decision led a number of commentators to proclaim that the experimental use doctrine has been eliminated, that patent holders will now aggressively pursue licensing with researchers and embolden their enforcement efforts, and that there will be a great chill on research efforts. University administrators complained that it would be impossible for them to monitor the activities of their research personnel for possible infringement.
Now that 2 years have passed, it is time to step back and see what effect this decision has had on enforcement efforts by patent holders. But first, it is useful to discuss the four major exceptions to patent infringement that might be relied upon by universities to avoid liability for infringement: the common law experimental use exception, the statutory clinical research exception under 35 U.S.C. '271(e)(1), and sovereign immunity protection for state schools and institutions. A fourth exemption under 28 U.S.C. '1498(a) provides that the patent owner must sue the government if the infringement occurred under a government contract.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?