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Research tools in the aftermath of Merck KGaA v. Integra LifeSciences - June 14, 2005
Research tools in the aftermath of  Supreme Court decision in Merck KGaA v. Integra LifeSciences to be discussed at ACI Conference

NEW YORK-June 14, 2005

The American Conference Institute (ACI) announces today that its Freedom to Operate conference in San Francisco will provide expert guidance on the “research tool dilemma” in the aftermath of the U.S. Supreme Court’s ruling in Merck KGaA v. Integra LifeSciences.

The research tool dilemma is the difficulty in determining when drug manufacturers may use competitors’ patented inventions without the fear of patent infringement liability as they experiment and research new drugs. The Hatch-Waxman Act’s safe harbor provisions are the source of this protection, and it has not been clear how far they extend. The dilemma was only partially solved by the justices when they held that manufacturers have some leeway and flexibility in their preliminary testing. Open questions remain, such as precisely how much freedom a manufacturer has to ignore a rival’s patents without paying a license fee and what scientists can be told in the aftermath of the ruling.

ACI’s Freedom to Operate conference presents a unique opportunity to provide counsel, executives and advisors to the biotech, pharmaceutical and chemical industries with thoughtful and targeted commentary on these open questions.

“To avoid liability, it is crucial that companies make early, sound and competent determinations as to whether they have freedom to operate in a given area,” said Kenneth Horton, Conference Producer with ACI. “And these determinations inevitably involve the research tool dilemma.”

The Freedom to Operate conference takes place from October 24 _ 26, 2005 in San Francisco. More information on these and other presentations can be found at www.AmericanConference.com or call 212-352-3220.
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The American Conference Institute is a leading provider of business information to the Legal, Financial and Pharmaceutical Industries. For more information please email Ramon Montes r.montes@americanconference.com or call 212 352 3220

A limited number of press passes are available for this event.