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« Docs @ BIO: USPTO Provides Update on Myriad-Mayo Guidance | Main | Court Report -- Part II »

July 02, 2014

Comments

Chief Judge in 1990?????

L. Ebert

Thanks, Larry. Of course should be 2010

Thanks for the write-up. I hope Rader does not fade away into the background and perhaps now might actually be able to speak more freely in favor of patent law. Also I was wondering if it might be helpful for patent advocates to frame the anti-commons idea as akin to communism (i.e., in the sense of from each according to their means to each according to their needs, or redistributing resources from those who have them to those who do not). Because that is the essence of the anti-commons line of thought--sure, you invented it, but you shouldn't be able to make money off it because it's better to just share with everyone for free.

" This forms the Court's "mission" or "agenda" or "responsibility" to ensure uniformity in the law geographically and strength of innovation policy. This mission was something Judge Markey believed in, and Judge Rader and other members of the Court continue to do so. In this regard the Judge mentioned a study by Professor Rebecca Eisenberg at NYU that showed that, of the twenty most influential cases decided in the Court's first decade, Judge Markey wrote eighteen of them. On the other hand, according to Judge Rader there are members of the Court who believe that the Federal Circuit should decide cases more dispassionately without any particular concern for the development or consistency of patent law itself"

Translation:

Some judges give you a fair shake, other judges just have a pro-patent agenda and would see it done.

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