The continuing saga of Madey v. Duke University: Holding universities liable for patent infringement

CHAL 53

Justin J. Hasford, Justin.Hasford@finnegan.com, Finnegan, Henderson, Farabow, Garrrett and Dunner LLP, 901 New York Avenue, NW, Washington, DC 20001
In Madey v. Duke University, the U.S. Court of Appeals for the Federal Circuit reversed the trial court and held that Duke could not circumvent liability for patent infringement by invoking the common-law "experimental use" defense. On remand to the U.S. District Court for the Middle District of North Carolina, the trial court rejected Duke's motion for summary judgment on its defenses related to "governmental immunity" and set the case for trial. This presentation will examine the litigation between Dr. Madey and Duke and explore the circumstances under which universities may be held liable for patent infringement.