United States: Section 271(e)(1) Safe Harbor Applies To Importation Regardless Of Intent Or Actual Use - Akin Gump Strauss Hauer & Feld LLP

A divided panel of the Federal Circuit affirmed a district court's grant of summary judgment of noninfringement, holding that importation of two product samples into the U.S. was reasonably related to obtaining FDA approval based on the particular facts of this case.