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May 14, 2007


Your closing paragraph may provide another reason the Supreme Court declined review, i.e., review won't make a difference to the ultimate outcome of the case. (The Court is, as I understand it, less inclined to grant review in a case where, even if they agree 100% with the petitioner, the ultimate outcome of the case won't change.)

This is really picky. picky, picky ....but:

Hematocrit is not a "biological property" of EPO, or anything else. It is a measure of rbc production. More precisely it is a ratio of rbc vol to the vol of whole blood. EPO's property is increasing 'crit.

If this imprecise language originated w/ the CAFC, it serves as an example of why they shouldn't be determining the facts.



You are absolutely right, and we here at PatentDocs admit falling into the semantically incorrect thicket created by the CAFC. We will change the post to what we should have meant, which is "an increase in hematocrit."


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