On April 20, the U.S. Supreme Court is set to hear a case that could have a broad impact on patent law, defining the boundaries for researchers who use competitors’ patents to develop new products and innovations.
The dispute in Merck KGaA v. Integra LifeSciences I, Ltd.involves a “safe harbor” provision of the 1984 Hatch-Waxman Act intended to balance the need to protect patents against the desire to promote the invention of new drugs from existing patents. The act has spawned seemingly endless litigation between generic and brand-name manufacturers.
