Experimental use exception to patent infringement does not apply to conduct in keeping with alleged infringer's legitimate business, regardless of commercial implications.

In a recent decision, the Federal Circuit held that the experimental use exception to patent infringement "does not immunize any conduct that is in keeping with the alleged infringer's legitimate business, regardless of commercial implications." [Madey v. Duke University, No. 01-1567, 2002 WL 31190842 (Fed. Cir., Oct. 3, 2002).] Under this standard, the experimental use exception does not even apply to university research projects "with arguably no commercial application whatsoever" because such projects further a university's legitimate business objectives, such as educating students and increasing the status of the university.

John Madey is the owner of US Patent …