Experimental use challenge

The US Supreme Court is expected to decide Thursday (June 26) whether to hear Duke University's appeal of a ruling that closed a patent law loophole that the school says is critical to the progress of academic science. Duke wants the high court to review an October 2002 federal appellate court decision saying that the school is not entitled to protection under an exception to patent law created to keep noncommercial science research free from infringement claims.

"Duke University hopes the court will agree to review the case, since the issues it presents affect academic researchers at campuses across the country," Duke spokesman David Jarmul wrote in an e-mail response to a request for comment. The court is expected to discuss the case (Madey v. Duke University, 307 F3d 1351 [Fed Cir 2002]) on Thursday and to make its decision known on Friday.

Duke invoked the experimental use exception in ...