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« Court Report | Main | The Medicines Company v. Hospira (Fed. Cir. 2015) »

July 13, 2015

Comments

This demonstrates a point made earlier, that there are several good legal ways to stop any misuse of post grant proceedings for stock price manipulations [including PTAB, FTC and SEC actions] that do NOT require a draconian "throwing the baby out with the bathwater." That is, using this issue to justify giving politically unrealistic total immunity from any post grant invalidity challenges to any and all pharmaceutical or other medical-related patents.

"This demonstrates a point made earlier, that there are several good legal ways to stop any misuse of post grant proceedings for stock price manipulations [including PTAB, FTC and SEC actions] that do NOT require a draconian "throwing the baby out with the bathwater."

Paul,

The same could also be said of the AIA (Abominable Inane Act), as well as the currently pending legislation (disingenuously called the Innovation and PATENT Acts) to address the overblown so-called "patent troll" problem.

This particular case doesn't look like a stock price manipulation scheme - and there's no allegation that it was.

The problem with price manipulation is that because the stock market's reaction is nearly instantaneous, there's no way for the authorities to intervene. One has to make the scheme unattractive by forcing the surrender of all profits - and then some - and by making that outcome a virtual certainty.

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