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On July 27, the Federal Circuit in Integra LifeSciences v. Merck ruled on the Supreme Court's broad interpretation of the patent infringement exemption set forth in 35 U.S.C. 271(e)(1), for "uses reasonably related to the development and submission of information" to the Food and Drug Administration (FDA
The Supreme Court has ruled that patent licensees do not need to breach their license agreements before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed
On August 19, 2009, the Federal Circuit, sitting en banc, limited the reach of 35 U.S.C. 271(f), holding that the statute does not apply to method claims
