Experimental Use Defense to Patent Infringement: Scope, Limitations, and Implementation by Common Law vs. Statute
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide patent counsel on using the experimental use defense. The panel will discuss where the defense stands under U.S. law as well as how other countries treat the defense. The panel will examine when it is permissible to use prior inventions to build new ones and when it crosses the line to infringement. They will also discuss the proposals to implement the defense and the impact of a recent Supreme Court decision.
Outline
- Experimental use defense
- U.S. common law vs. statutory law
- Outside the U.S.
- Court treatment
- Proposals to implement the defense
- Best practices
Benefits
The panel will review these and other key issues:
- What effect do existing patents have on the latest research?
- To what extent can researchers use a patented invention on which to build for research absent the patent owner's permission?
- Where is the line of delineation between fair use and infringement to make improvements on patented inventions?
Faculty
Kevin E. Noonan, Ph.D.
Partner
McDonnell Boehnen Hulbert & Berghoff
Dr. Noonan's practice involves all aspects of patent prosecution, interferences, and litigation. He represents... | Read More
Dr. Noonan's practice involves all aspects of patent prosecution, interferences, and litigation. He represents pharmaceutical companies both large and small on a myriad of issues, as well as several universities in both patenting and licensing to outside investors. Dr. Noonan also has over 20 years of experience as a molecular biologist, and is a founding author of the Patent Docs weblog, which focuses on biotechnology and pharmaceutical patent law. He has also filed amicus briefs to district courts, the Federal Circuit and the Supreme Court involving patenting issues relevant to biotechnology.
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Dr. Andrew Torrance
Senior Director, Intellectual Property
Broad Institute of MIT and Harvard
Dr. Torrance is leading the intellectual property department at the Eli and Edythe Broad Institute of MIT and Harvard,... | Read More
Dr. Torrance is leading the intellectual property department at the Eli and Edythe Broad Institute of MIT and Harvard, which is often referred to as the Broad Institute. He is on temporary leave from his position as the Paul E. Wilson Distinguished Professor of Law at the University of Kansas School of Law. He leads a team of attorneys and other legal professionals who protect technologies with patents, or where appropriate, open source them, so their benefits are widely disseminated around the world. Dr. Torrance has given more than 100 scholarly presentations at numerous universities, research organizations, governments, and intergovernmental agencies. He has also published more than 25 scholarly works. His scholarship has appeared in such journals as the Yale Journal of Law and Technology, Stanford Technology Law Review, Columbia Science and Technology Law Review and Berkeley Technology Law Journal.
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