Safe Harbor Protection Under 35 U.S.C. § 271(e)(1) After Proveris: Did the Federal Circuit Get This One Right?

Following the Supreme Court’s decision of Merck v. Integra in 2005, there has been significant debate regarding the scope of infringement protection provided by 35 U.S.C. § 271(e)(1). In Proveris Scientific Corp. v. Innovasystems, the Federal Circuit addressed this issue for the first time post-Merck. That case, however, has done nothing to quiet the debate over the scope of § 271(e)(1), particularly in relation to so-called research tool patents.

During this breakfast program, Mike McGurk  will lead a discussion regarding whether or not Proveris impacts the scope of protection afforded by the safe harbor statute.

Time:

7:30 - 8:00 a.m. - Registration and Breakfast

8:00 - 9:00 a.m. - Program

Where:

Finnegan

55 Cambridge Parkway, Suite 700

Cambridge, MA 02142