![handle is hein.journals/bothnl25 and id is 1 raw text is: 25 Biotechnology Law Report 1
Number 1 (February 2006)
© Mary Ann Liebert, Inc.
Foreword
The Long and Short of It: More on Merck and Madey
ROBERT A. BOHRER
T HE REPERCUSSIONS of the Supreme Court's deci-
sion in Merck KGaA v. Integra LifeSciences I, Ltd.
(125 S. Ct. 2372, 162 L. Ed. 2d 160 (U.S. 2005) and
the Court of Appeals for the Federal Circuit decision
in Madey v. Duke University (336 F. Supp. 2d 583,
591-592 [M.D. N.C. 2004]) are sure to be felt and an-
alyzed for the next several years. To continue our cov-
erage of these two extraordinarily important cases, we
are pleased to provide analyses by Edward T. Lentz
and Richard Warburg. Whereas Lentz's article looks
at the impact of both Merck and Madey in light of prior
interpretations of the experimental use exception and
the 271(e)(4) Hatch-Waxman exemption, Warburg
provides a brief tabular summary of the Merck deci-
sion, highlighting both the questions resolved and the
questions left unanswered. It is a quick-reference guide
to the state of the law of exemption from infringement
for both generic drug makers and biopharmaceutical
companies. We look forward to continuing to lead the
discussion of these issues of crucial importance.
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