Patent Swords and Shields

Abstract

The U.S. Court of Appeals for the Federal Circuit denied an experimental use defense in a patent infringement lawsuit against Duke University, signaling that academic researchers may be liable for use of patented equipment and processes even without use for commercial purposes. The court declared that the noncommercial character of the research in Madey v. Duke University was irrelevant. What matters whether the research is in keeping with the alleged infringer's regardless of commercial implications. In the case of a university, noncommercial research legitimate business, subject to the patent laws.

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