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August 20, 2015

Comments

Kevin,

Sorry, but the majority's application of stare decisis in this case is utterly disingenuous, and just further evidence of anti-patent bias by the Royal Nine. The dissenting opinion by Alito just flays the reasoning in the majority opinion for not applying stare decisis. As you point out, Our Judicial Mount Olympus is not so bound by stare decisis in areas of law outside patents.

"[n]either Kimble nor his amici have offered any empirical evidence connecting Brulotte to decreased innovation; they essentially ask us to take their word for the problem.

Kevin,

I could also tell the Royal Nine or at least these 6 of the Royal Nine that they ask us to take their word that patents "inhibit further discovery.” They offer no valid empirical evidence for this proposition in either Mayo or Alice, including from the record in those cases. What utter hypocrisy by Our Judicial Mount Olympus. And like you, I'm irked by their arrogant, nonsensical attitude when it comes to our area of the law.

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