UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

E R R A T A

December 3, 2003

Integra Lifesciences l, Ltd. v Merck KgaA, Nos. 02-1052,-1605

Precedential Opinion

Decided: June 6, 2003

Page 10, line 19: insert “clearly” after “harbor” and before “covers”

Page 10, line 21: after “the market.” and before “Within this” insert the following sentence: “While the scope of the safe harbor is not limited to generic drug approval, Eli Lilly & Co. v. Medtronics Co., 496o U.S. 661 (1990), the history of the 1984 Act informs the breadth of the statutory test.”

Page 11, line 7: after “embrace” and before “the development” insert “all stages of”

Page 11, line 7: after “drugs” and before “because” insert “merely”

Page 11, line 10: after “form” and before “a” insert “only”

Page 11, lines 14-15: replace “Moreover, the context of this safe harbor keys its use” with “Moreover, the context of this safe harbor originally keyed its use”

Page 11, line 15: after “embrace” insert “all aspects of”