Main > A1. CORP. INDEX. Dn-Dz > Duke University/P C2 > 2003. 07.07.2003. (Patent Infring.)

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LEGAL DISPUTES Supreme Court refuses to hear patent case

The U.S. Supreme Court has denied Duke University's appeal to review the U.S. Court of Appeals for the Federal Circuit's decision that the university must compensate John M. J. Madey, former professor of physics at Duke, for Duke's use of Madey's patented free-electron laser (C&EN, May 26, page 21). At issue in the appeal is whether the circuit court's interpretation of the experimental use exception--a policy that allows for free use of patented inventions in specific situations--is too narrow in scope. The high court's announcement, which followed the May 30 recommendation of the U.S. solicitor general, leaves the door open for Congress to step in with a legislative remedy. In the absence of congressional intervention, the Court's ruling will mean that academic researchers at Duke and elsewhere will have to seek licenses for all patented tools they use in their research or face infringement lawsuits. The case returns to the federal district court in Greensboro, N.C., for further litigation

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