Twentieth Century Travel Advisors, Inc. v. Pitchess

How later courts describe this case

• explaining that the experimental use exception is truly narrow and that it bans all activities that are grounded on a profit or commercial motive
• “trial court ... has considerable discretion in determining whether ... to issue an injunction”
• under the statutes then in effect, the use of a patented invention without permission was an infringing use even if the use were limited to tests necessary to obtain FDA approval
• “[The alleged infringer] may intend to perform ‘experiments,’ but unlicensed experiments conducted with a view to the adaption of the patented invention to the experimenter’s business is a violation of the rights of the patentee to exclude others from using his patented invention.”