Santa Clara High Technology Law Journal Volume 21 | Issue 4 Article 8 2005 Navigating the Reasearch Exemption's Safe Harbor: Supreme Court to Clarify Scope - Implications for Stem Cell Research in California Gina C. Freschi Follow this and additional works at: http://digitalcommons.law.scu.edu/chtlj Part of the Law Commons Recommended Citation Gina C. Freschi, Navigating the Reasearch Exemption's Safe Harbor: Supreme Court to Clarify Scope - Implications for Stem Cell Research in California, 21 Santa Clara High Tech. L.J. 855 (2004). Available at: http://digitalcommons.law.scu.edu/chtlj/vol21/iss4/8 This Comment is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. COMMENT Navigating the Research Exemption's Safe Harbor: Supreme Court to Clarify Scope-Implications for Stem Cell Research in California Gina C. Freschit I. INTRODUCTION In January 2005, the Supreme Court agreed to review the Federal Circuit's holding in IntegraLifeSciences I, Ltd. v. Merck KGaA.1 The decision, largely seen as a victory for research tool patentees in the biotechnology sector, would if affirmed, promote cross-licensing between universities and industry, as well as discourage misappropriation of unlicensed patented tools. 2 Pharmaceutical manufacturers argue that the decision is a limitation on drug development activities that could potentially benefit human health, and that restricting the use of tool patents in biomedical research could mean years of delay in the availability of new, life-saving drugs.3 The underpinnings of the Integra ruling involve federally enacted, 35 U.S.C.