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Proveris Scientific Corporation v. InnovaSystems, Inc
August 21, 2008
In Proveris Scientific Corporation v. InnovaSystems, Inc., the defendant sought to invoke the so called "Safe Harbor" provisions of 35 U.S.C §271(e) in order to avoid liability for patent infringement. The patent at issue covered a system and apparatus that allowed those seeking FDA approval to provide necessary data demonstrating the efficiency and effectiveness of drug delivery for drugs delivered in an aerosol spray via a nasal pump or inhaler. Defendant manufactured and sold a testing/calibration device that provided essentially the same information by using technology similar to that enunciated in the patent. Defendant claimed that §271(e), which exempts the use of a patented invention solely for uses reasonably related to the development and submission of information to the FDA, sheltered its actions.
Read the full article from APaTS: Advanced Patent Trial Strategies here.