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The experimental use doctrine in patent law protects alleged infringers who use patented inventions solely for experimental purposes, such as testing whether a device functions as claimed or re-creating a process to observe its effects from a scientific perspective.1 The judicially created exception traces its lineage back nearly two hundred years.2 Although the exception has always been construed narrowly, it grew narrower still in October 2002 when the Federal Circuit issued its opinion in Madey v. Duke University. 3 Madey reformulated the experimental use doctrine and cast considerable doubt on its continued viability as a defense in patent infringement cases involving universities. As a result, university researchers

Renting Space on the Shoulders of Giants: Madey and the Future of the Experimental Use Doctrine