Courtenay Brinckerhoff Quoted on FDA Safe Harbor

Foley & Lardner LLP partner Courtenay Brinckerhoff is quoted in the Law360 article, “Judge Lourie’s Dissent Revives Debate Over FDA Safe Harbor,” offering insight on a recent dissent by a U.S. Circuit Judge urging the Federal Circuit to reconsider its precedent over a safe harbor that allows infringement when companies are developing products regulated by the U.S. Food and Drug Administration.

“For a long time, almost every court decision broadened the scope of the safe harbor,” said Brinckerhoff, assessing the history of how courts have interpreted safe harbor.

Brinckerhoff, who is vice-chair of Foley’s Intellectual Property Department, added that some decisions trying to rein in the safe harbor were more about what products are covered, rather than intent or purpose.

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