On Remand, Federal Circuit to Rehear Integra Appeal

Integra Lifesciences v. Merck KGaA (Fed. Cir. 2005) (Order).

On remand from the Supreme Court, the CAFC has reinstated the Integra’s appeal and ordered the parties to re-brief the case based on the Supreme Court’s recent decision.

In a nutshell, the Supreme Court found that Section 271(e)(1) of the Patent Act provides a safe harbor that protects would-be infringers from liability for “all uses of patented inventions that are reasonably related to the development and submission of any information under the FDCA.”