Replies to post #128308 on Biotech Values

[mcbio]

Seems they finally got round to pointing out this defense to infringement...

Can you expand a bit more on what specifically their defense to infringement is? E.g., what are those specific safe harbor provisions of the Hatch-Waxman Act that they reference?

[zipjet]

and even if Defendants were found to be using the claimed methods, Plaintiffs’ infringement claims would be barred by the safe harbor provisions of the Hatch-Waxman Act, 35 U.S.C. § 271(e)(1).

Is that even Constitutional under Article 1 section 8? Does it impair the exclusive right to the discovery?

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

ij