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« FDA Releases Draft Guidance on Biosimilars | Main | USPTO Holds Forum on Subject Matter Eligibility -- Part III »

May 14, 2014

Comments

What Hans, Suzannah and Anthony said are spot on. As these 3 presenters make clear, these Myriad Guidelines not only lead to absurd results but are an utter travesty in misapplying case law, including that from Our Judicial Mount Olympus.

At first glance, I would beg to differ.

It is less an incorrect application of case law and more a correct application of BAD case law.

To artificially constrain the application of law to cases with different fact patterns is to NOT apply case law as case law is always applied.

Cases ALWAYS have different facts. If we limit case law to ONLY those succeeding cases with the same fact patterns, we lose the general benefit of even having case law in the first place. Law is greater than the facts to which the law is applied. This is a primary concept in being able to apply case law from one set of facts to future cases where the set of facts will NECESSARILY be different.

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