McDonnell Boehnen Hulbert & Berghoff LLP attorneys Patrick Gattari and Nicole Grimm co-authored an article entitled, “Post-Merck Debate Over Research Exemption For Infringement” that appears in the April 11, 2013 online edition of Law360.com. Patent protection is a critical driver of value for the biotech industry. One of the unique aspects of biotech patents, however, is that many otherwise infringing activities are exempt from claims of patent infringement when those activities are “reasonably related to the development and submission of information” to the U.S. Food and Drug Administration. The scope of this exemption has been hotly contested since the passage of the Hatch-Waxman Act in 1985.
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Note: this article originally appeared in the MBHB Winter 2013 edition of the snippets publication.