Thursday, June 30, 2005

Merck v. Integra: Is "getting patents" reasonably related to getting FDA approval?

More on the Merck v. Integra decision of the Supreme Court,

from Mauricio A. Flores And Cathryn Campbell,Back to the Lab?;
Points Of View; Despite Supreme Court ruling, Integra may still show Merck's studies fall outside research exemption, Legal Times, p. 66 (June 20, 2005):


Integra learned that Merck had been sponsoring the research from
scientific papers written by Scripps scientists. Although Integra did not object to the use of its patented technology for research purposes only (and indeed had previously provided these peptides to Scripps scientists), Integra took the position that sponsored research that was part of Merck's commercial drug development
program required a license.


Merck and Scripps witnesses also admitted that there were reasons
for the Scripps research that did not pertain to FDA review, such as strengthening Merck 's patent position and validating the general scientific premise that the inhibition of a key receptor could inhibit the growth of blood vessels necessary to sustain tumors.


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