United States Federal Circuit

The experimental use defense exists, albeit in a narrow form, and may be raised after the responsive pleading, and the district court erred in attaching too much weight to an institution's non-profit, educational status in applying the defense to use of patented laser technology.

Appellate Information

• Decided 10/03/2002
• Published 10/03/2002

Judges

• GAJARSA, Circuit Judge., Before BRYSON, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Randall M. Roden,Tharrington Smith, L.L.P., of Raleigh, North Carolina, argued for plaintiff-appellant.   Of counsel on the brief was James L. Lester, MacCord Mason PLLC, of Greensboro, North Carolina.


• For Appellees:
  
• John A. Bauer, Fulbright & Jaworski LLP, of New York, New York, argued for defendant-appellee.   Of counsel on the brief were John M. Simpson, John E. Lynch, and Caroline M. Mew, of Fulbright & Jaworski LLP, of Washington, DC. Also of counsel on the brief was Jeffrey L. Wilson, of Durham, North Carolina.