Madey v. Duke University, 307 F.3d 1351 (Fed. Cir. 2002)

Case Description

The Court of Appeals for the Federal Circuit interpreted the US experimental use exception in a very restrictive way. Regardless of whether a particular institution or entity is engaged in an endeavour for commercial gain, so long as the act is in furtherance of the alleged infringer's legitimate business and is not solely for amusement, to satisfy idle curiosity, or for strictly philosophical inquiry, the act does not qualify for the experimental use defense.

Decision Year
Case Summary
Post-grant flexibilities