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February 17, 2009


Thanks for writing that; I agree on all counts.

But in the meantime, maybe it makes sense for some of the bailout money that is going to reward dying and poorly run businesses could perhaps instead be diverted to biotechnology. . . actually no. That would be a bad idea. The last thing we want is biotech beholden to (and a ward of) government.

"Intellectual property: Intellectual property protection is the lifeblood of the industry, and the reason investors will fund companies without revenue. Set policies to enhance and extend protection"

Yeah, but we have the laser cat patent, the Smucker's crustless patent, and the swing patent to URGENTLY take care of - therefore we need patent damages reform ASAP.

Also, as Mark Chandler will tell you, Cisco is in real trouble (actually, they stockpiled billions of $$$$ last year) because of these pesky patent lawsuits - patent damages reform is therefore URGENT.

Patent damages reform will help curve Chinese piracy of American technology, and will encourage America's youth to become scientists and engineers.


"Yeah, but we have the laser cat patent, the Smucker's crustless patent, and the swing patent to URGENTLY take care of"

Not really. But ridiculously broad claims like Classen's? Yeah, those do need to be taken care of or the industry will be feeling the back of the hand.

"The last thing we want is biotech beholden to (and a ward of) government. "

I'll let the NIH and recipients of Federal grant money know your position immediately.

Dear Art:

Actually, encouraging patenting by universities is a way for them to become less dependent on taxpayer money, while at the same time discouraging corporations, foreign and domestic, from using US taxpayers to pay for their R&D.

And as for Classen, there is still a policy debate to be had whether diagnostic method claims should be permitted. The problem is not one of breadth but of type: are these claims impermissibly giving patent protection to "natural phenomena" or "mental processes". But while there may be ways of claiming the methods that do not raise the overbreadth issue there may not be ways of claiming these methods that can escape Justice Bryer's criticisms. We'll have to wait and see.

Thanks for the comment.

Interesting intervention suggestions. Great analogy at the end of your post.

"It would be tragic if the current economic disruptions "killed off" a company with the combination of researchers, technology and management that could provide a future life-saving drug because we did not have the foresight to provide the conditions in which it could endure."

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