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.”
- Federal Circuit’s August 17 Order;
- Supreme Court Decision;
- Discussion of the Supreme Court Decision;