Experimental Use Patent Law

United States Patent 4,641,103 Madey, et al. February 3, 1987 Microwave electron gun Abstract An electron gun (10) that suppresses the non-linear space charge forces and phase-dependant focusing forces that are chiefly responsible for the high emittance of conventional electron guns. The gun comprises a resonant microwave cavity (15), a cathode (12) mounted in the cavity wall, and a momentum analyzer system (17). The resonant microwave cavity, when supplied with microwave power, supports an electromagnetic field having a high-gradient electric component directed along an acceleration axis. The cavity is formed with an exit aperture (32) at a location relative to the cathode such that emitted electrons are accelerated along the axis and pass through the exit aperture. The cavity length is chosen to allow the microwave field within the cavity volume to accelerate the electrons to an energy of about MeV prior to the electrons' passing through the aperture. Bunching is provided by the momentum analyzer. An electron emerging from the cavity has an energy determined by the phase of the microwave field at the time of that electron's emission. Those electrons having energies corresponding to the desired initial phase value are permitted to pass through the momentum analyzer, thereby forming a prebunched electron beam for injection into a linear accelerator.

Experimental Use – Classic Outlines – Whitemore – p 12 “For amusement” “To satisfy idle curiosity” “Strictly philosophical inquiry” Adapted from Joanne Giessner, Patent Counse, Merck, AUTM, avail. urces.html

No Experimental Use: Madey’s Holding “the slightest commercial implication” “use in keeping with the legitimate business of alleged infringer does not qualify” P 12

What is university’s business? “educating and enlightening students and faculty participating in these [research] projects” [projects] “increase the status of the institution and lure lucrative research grants, students, and faculty”

Summary “So long as act is in furtherance of the alleged infringer’s legitimate business and is not solely for amusement to satisfy idle curiosity for strictly philosophical inquiry... the act does not qualify”

Summary, ctd. Profit or non-profit status of user is not determinative. Remand to District Court to determine if use was solely for three reasons above.

United States Patent 4,789,734 Pierschbacher December 6, 1988 Vitronectin specific cell receptor derived from mammalian mesenchymal tissue Abstract A method of isolating cell surface receptors utilizing a short peptide sequence bound to an affinity column. Cell surface receptors which bind selectively to the short peptide and which are specific to various adhesion proteins may be isolated therewith from various cell preparations. These receptors, whose functional integrity has been maintained by the presence of the peptide ligand, are incorporated into liposomes and used to deliver specific compounds inside the liposomes to select tissues containing the specific adhesion proteins. Inventors: Pierschbacher; Michael D. (San Diego, CA) Assignee: La Jolla Cancer Research Foundation (La Jolla, CA) Appl. No.: Filed: August 6, 1985