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« Biotech/Pharma Docket | Main | Conference & CLE Calendar »

November 12, 2010

Comments

Last week, when I checked out the trilateral website, it struck me as moribund. I dare say there are lots of "current developments", in each of the individual Offices, but none worth posting on the trilateral site. The situation reminds me of the drive for a post-issue pan-European patent. Into the sand but, precisely because of that, the supreme courts of the countries of Europe that handle most of Europe's patent litigation are (at last) bent on reaching harmony with the jurisprudence of the EPO. I think I can see similar efforts to harmonise, coming from the courts of appeal of the trilateral member States.

Any such "similar efforts to harmonise, coming from the courts of appeal of the" United States would be ultra vires and grounds for reversal.

Wishful thinking then, on my part, eh Skeptical? But I think I expressed myself poorly. I was thinking inter alia that:

1) the judges of the CAFC are international figures, and

2) in debate with brother and sister judges, the judges of the CAFC like to win, so need a winning line on which to stand and fight.

Your expression has not improved - anything a judge of the CAFC does outside of the prescribed US Law is ultra vires, plain and simple.

Your crusade is duly noted, albeit misplaced.

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