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« Biotech/Pharma Docket | Main | Is Venezuela the new Thailand? »

June 24, 2009


As always J newman playing devil's advocate. She knows good and well what the restrictions are which are at play here. If not for those restrictions we'd have people suing people all over who aren't even anywhere near the other people and who aren't having a very big impact on those other people.

As always, 6 plays the imbecile. 99% of the time, when Judge Newman dissents, it means the majority got it wrong, as is the case here. Oxford owns a US patent. It licenses that patent to US entities, and in so doing benefits from the patent. If Oxford wants to benefit from a US patent, it should be subject to the same kinds of challenges US-based patentees are subject to. Oxford should be subject to DJ jurisdiction in the USA; it should not be able to escape jurisdiction on the grounds that it is a foreign entity.

"it should not be able to escape jurisdiction on the grounds that it is a foreign entity. "

It isn't able to escape on those grounds. It escapes on the grounds that it is not a local entity.


Riddle me this and riddle me that, but why doesn't the Fed. Circ. start paying more attention to her if she "gets it right" so often? She's had more notable dissents in cases than anyone else in recent years. By a factor of like 10.

I'll tell you why, because she goes out of her way to make the law fit the way she feels it "should" fit rather than how it fits. Her dissents are perfect arguments for a public forum, not a court.

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