Are the Economic Hounds at the Gates of the Ivory Towers?

The court's decision in Madey v Duke University in 2002 and the subsequent denial of the petition for certiorari set out in an Amicus curiae brief in June 2003 have focused attention on the societal role played by US universities. The decision, according to the above petition, effectively ‘seals the coffin on the experimental use exception for private universities’, a mechanism that provided a defence to patent infringement in the USA. Similar experimental use mechanisms are relied upon by universities around the world. The ensuing debate over Madey is likely to impinge on certain facets of international university-industry interactions and subsequently increase the importance of university technology transfer offices. This article presents an accessible historically and internationally contextualized introduction to Madey and subsequently offers an analysis of the potential ramifications for university-level institutions.