Open Access News

News from the open access movement


Wednesday, June 18, 2003

More on Madey v. Duke....After losing in federal Circuit Court court last October, Duke University appealed to the Supreme Court, supported by amicus briefs from the American Council on Education, the Association of American Medical Colleges, and 29 American colleges and universities. The Supreme Court hasn't yet decided whether to grant cert (accept the case for review), but on April 7 it did order Theodore Olson, U.S. Solicitor General, to submit a brief in the case. (More.) Olson submitted his brief in May. It opposes Duke and supports the Circuit Court's ominous ruling that the "experimental use" doctrine in patent law (a defense against infringement) does not apply to scientific experiments at research universities. I haven't found Duke's brief, but here is the pro-Duke brief by the Association of American Medical Colleges, and the pro-Duke brief by Public Knowledge and the Consumer Project on Technology.