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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Safe Harbor Does Not Apply to Products Not Requiring Regulatory Approval

Posted in Summary Judgment

PSN Illinois, LLC v. Abbott Labs, No. 09 C 5879, Slip Op. (N.D. Ill. Sep. 20, 2011) (Hibbler, J.).

Judge Hibbler granted in part defendant’s (collectively “Abbott”) motion for summary judgment in this patent case involving molecular cloning and expression of human and rat G-protein coupled receptors in the SIP family of receptors.

Safe Harbor Exemption

Abbott’s use did not fall within the Hatch-Waxman Acts’ 35 U.S.C. §271(e)(1) Safe Harbor provision. That provision allows limited uses of patented inventions for which regulatory review is required because Abbott’s research tools did not require regulatory approval.

Patent Exhaustion

The Court held that plaintiff PSN’s patent rights were exhausted to the extent that Abbott purchased its accused research tools from a supplier with a full license.

Marking

PSN was not entitled to damages for the period before it filed suit and after it signed licenses that did not require marking.