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« Biotech/Pharma Docket | Main | Biosimilars Conference »

September 16, 2010


So there was someone injured by that tomfoolery we were talking about the other day. Big surprise. Tomfoolery in our courts leads to this kind of thing. Truly stunning that the PTO cannot be bothered to help our country out by ensuring fair and just application of the law.

Well, 6, maybe they were injured. We'll have to take their word for that.

I wouldn't be down on the Office, though. It was the determination of Judge Hilton (on both the substance and the procedure), and like it or not judges are the people we give this kind of discretion, to make these decisions.

As for the Solicitor General, her decision is whether the Federal Circuit would agree with Judge Hilton. If she thinks the answer is yes, she won't pursue it.

I think the most telling part of the story is the $1M a day MDCO makes on Angiomax. Whether they are entitled to it or not, it is clear what they want to do - get some of that money. So I'm not sure APP is on the side of the angels, either.

Thanks for the comment.

"and like it or not judges are the people we give this kind of discretion, to make these decisions."

Sure, but we also have appeals judges to overrule them when they engage in tomfoolery as here. And we usually have a system so that those people who are harmed by the decision can then go and have the decision overturned. Do they have any remedy here?

Perhaps they could still get their thing they need and just start making the drug then wait for the infringement suit? What then?

I guess you can't appeal the failure of a motion like this can you?

"So I'm not sure APP is on the side of the angels, either."

No, they're on the side of the law.

A real shame we can't have the law applied in this hea country. I mean, it is one thing for the legislature to forget to make a law or have failed to. But it is another thing entirely when there blatantly is a law that is then summarily ignored in the courts.

This is complete malarky, I want to see if APP comes up with something else to do to fight this.

Oh well, I have a date with a gorgeous girl tomorrow so I'm not exactly all that concerned with this nonsense at the moment. I've got like a bazillion things to do tomorrow.

Interestingly the Federal Circuit denied Medicines motions to dismiss and to stay/bifurcate on Feb 2. It now appears the appeals court will hear the substantive patent extension argument (as well as the standing argument). APPs opening brief is due Mar 4. Any thoughts on why it took the motions panel over 3 months to issue an order.

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