Aaron Stiefel Authors Article on Federal Circuit's Ruling on "Safe Harbor" Protection For the Use of Patented Research Tools

Aaron Stiefel, Partner in the Litigation Department, authored the article "Patent Law's 'Safe Harbor' No Refuge for Use of Research Tools," in the September 26, 2008 issue of BNA's Patent, Trademark & Copyright Journal. Mr. Stiefel analyzes the recent Federal Circuit ruling in Proveris Scientific Corp. v. Innovasystems Inc. that the safe harbor of Section 271(e)(1) of the patent law does not extend to research tools that are used in developing information for submission to the FDA in support of an application for approval of a drug or medical device. Consequently, researchers who want to make use of such tools are not free to use them without a license and the inventors of research tools can protect their intellectual property.