October 25, 2002

Court Ruling Revives Patent Lawsuit Against Duke U.

By GOLDIE BLUMENSTYK

A federal appeals court gave new life this month to a lawsuit filed against Duke University by an internationally known physicist and inventor.

In ruling against Duke, the U.S. Court of Appeals for the Federal Circuit also took the opportunity to further clarify when universities can claim the "experimental use" exception as a defense to claims of patent infringement. Although the decision does nothing to change existing law, it makes a point of noting that even if a university is

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