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Court''s decision over patents may stifle university research: experimental use doctrine sits at the heart of debate.

Article Excerpt
The Supreme Court recently made it more difficult for university researchers to use patented technology. They did so by refusing to hear the issue in the case of Madey vs. Duke University, 307 F.3d 1351 (Fed. Cir. 2002), on June 27, 2003.

This case is noteworthy, since the holding has been interpreted as eliminating the doctrine of experimental use. Additionally, the Supreme Court's decision has sent shock waves through the academic community causing a renewed interest in this nearly 200-year-old doctrine. Since much of our local technology industry originates in academic institutes such as The Scripps Research Institute and the University of California, San Diego, the events that follow this decision may ultimately have an impact on our local economy.

* A Tale Of Two Doctrines

The doctrine of experimental...

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