Medical Practitioner Immunity

BASICS: “With respect to a medical practitioner’s performance of a medical activity that constitutes an infringement under section 271(a) or (b), the provisions of sections 281, 283, 284, and 285 shall not apply against the medical practitioner or against a related health care entity with respect to such medical activity.” 35 U.S.C. § 287(c) (defining narrowly several terms in quoted provision). See Myco (Fed. Cir. 04/03/20) (rev’g preliminary injunction against accusations of infringement; provision does not render the medical practitioners non-infringers, and their direct infringement may form the basis for a claim of indirect infringement).

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