Madey v. Duke University
United States Court of Appeals for the Federal Circuit
307 F.3d 1351 (2002)
Dr. John M.J. Madey (plaintiff), who held patents practiced by equipment in his free electron laser (FEL) research lab, moved from Stanford to direct a similar lab at Duke University (Duke) (defendant), bringing the patented equipment with him; after Madey and Duke had a falling out over research scope and Madey resigned as lab director in 1998, Duke continued operating equipment covered by his patents, and Madey sued for infringement. The district court granted Duke summary judgment based on the experimental use defense, and Madey appealed.
Whether the very limited experimental use defense to patent infringement applies only to acts taken for amusement, to satisfy idle curiosity, or strictly for philosophical inquiry, and is inapplicable when the act is intended to further the infringer's legitimate business interests, regardless of whether the entity is for-profit or non-profit.