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« Court Report | Main | Sherry Knowles Addresses Real World Impact of Myriad-Mayo Guidance at BIO Symposium »

October 14, 2014

Comments

I find these comments to be quite interesting, considering that NPEs often lose on summary judgment of non-infringement, even in ED Tex. The time to get there and the juries is what causes forum shopping.

Andrew,

I guess you saw Justice Breyer's comment at oral argument about "South African yellow canaries." Well, since former Justice Stevens talked about “red herrings” in Bilski, I guess Breyer’s “South African yellow canaries” are fair game for Teva Pharm. What any utter embarrassment from the same Justice who wrote that embarrassing opinion in Mayo. Can Breyer not stay on topic when it’s a patent case? Frankly, I'm sick and tired of this "philosophy wonk" of a Justice denigrating patent law jurisprudence with his raccoon (KSR International) and abacus (Alice Corp) invention comments.

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