In 2019, shortly after finishing her master's at Nanjing University in China, Xinyi Zhao opened an e-mail to learn that she had been offered a PhD position at the Max Planck Institute for Demographic Research in Rostock, Germany. "When I told my parents, they asked me to double-check whether the offer was real, as they weren't familiar with the institute." But Zhao knew of its glowing scientific reputation.
These decisions highlight the fact-intensive nature of the inquiry into a potential infringer's legitimate business and commercial intent. Without concrete proof of experimental intent, the defense is unlikely to succeed.