E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Enter your email address:

Delivered by FeedBurner

Contact the Docs

Docs on Twitter


About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.

Disclaimer

  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.

  • Law Blogs

Become a Fan

« GEN Compiles List of Top Selling Drugs for 2012 | Main | Senators Introduce Another Bill to Ban Reverse Payment Settlement Agreements »

March 13, 2013

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451ca1469e2017d41d6e1ab970c

Listed below are links to weblogs that reference AIPLA Submits Amicus Brief to Supreme Court in AMP v. Myriad Genetics:

Comments

"Finally, as has been discussed in previous posts, it is a waste of paper to argue to this Court deference to Congress on such matters, particularly when it is inaction, rather than affirmative action, that is the basis for the argument."

No it's not. That argument worked in i4i.

Kip,

I think the comment should be placed in context of the audiance and how receptive they are to the argument in the given context.

For the arguments provided (in this context), after Prometheus, it is apparent that the Court is going to be, well,

skeptical.

Dear Kip:

What worked in i4i was that i4i's position was consistent with Justice Cardozo's. If it had not been I think the Court might have come to another conclusion.

Thanks for the comment.

Eeeh... I think there's actually much more of a basic research exemption in our law than we realize. It's just never been tested, because nobody's getting sued for doing basic research anyway.
Madey at best stands for the proposition that you can't fire a disgruntled faculty member and keep using his patented stuff. I'm confortable with that.

Kevin,

More "tone deafness," now from the AIPLA. As you and Joe Allen keep telling us, we in the patent profession need to learn how to switch gears.

Dear Moo:

If the brief argued that there was a de facto basic research exemption I would agree. But it argues for a judicially recognized experimental use exception, which is a different matter.

And, I would think this was a mountain/molehill situation if it wasn't given such prominence in the brief.

Thanks for the comment.

The comments to this entry are closed.

August 2014

Sun Mon Tue Wed Thu Fri Sat
          1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31