April Wurster

April Wurster is an attorney in the San Diego office of Snell & Wilmer. She focuses her practice in intellectual property and life science. She uses cross-functional knowledge and experience to build a thorough understanding of the company's business, employees, products, customers and competitors to provide strategic guidance. April works in new subject matter areas on a daily basis, assimilates information quickly and develops a deep understanding in those areas.

Recent Articles by Use of Research Tools May Expose Companies to Patent Infringement Claims

Use of Research Tools May Expose Companies to Patent Infringement Claims

The safe harbor provision set forth in 35 U.S.C. § 271(e)(1) immunizes many types of activities in pursuit of a Food and Drug Administration (FDA) submission from patent infringement claims. Research tools are frequently used in pursuit of an FDA submission, such as drug development, testing and screening. But research tools themselves generally are not subject to FDA or other regulatory approval. Depending on the circumstances, using research tools to submit data to the FDA may not be protected by the safe harbor provision and thus may expose companies to patent infringement claims.