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January 02, 2013



Momenta was a ghastly decision. Rader is completely correct and Moore is utterly wrong in their respective views. Moore's reasoning in her opinion is unsupportable in view of the language and clear legistlative intent of the "safe harbor" provision of Hatch-Waxman, completely inconsistent with Newman (and Rader's) opinion in Classen Immunotherapies, and frankly "results-oriented" driven. She may have been OK as an academic IP law professor, but I frankly don't have a very good opinion of Moore as a Federal Circuit judge and she share's that distinction with other judges on the Federal Circuit, including Dyk and Bryson.

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