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« Court Report | Main | Leo Pharmaceutical Products, Ltd. v. Rea (Fed. Cir. 2013) »

August 12, 2013


"That is the real issue. That is the issue that will continue in this country when these poor tongues of Judge Douglas and myself shall be silent. It is the eternal struggle between these two principles -- right and wrong -- throughout the world. They are the two principles that have stood face to face from the beginning of time, and will ever continue to struggle. The one is the common right of humanity and the other the divine right of kings. It is the same principle in whatever shape it develops itself. It is the same spirit that says, 'You work and toil and earn bread, and I'll eat it.' No matter in what shape it comes, whether from the mouth of a king who seeks to bestride the people of his own nation and live by the fruit of their labor, or from one race of men as an apology for enslaving another race, it is the same tyrannical principle." - Abraham Lincoln

Lincoln had a lovely turn of phrase didn't he? but I have no idea what you intend to imply in relation to this case.

Are you saying that patentees are stealing the fruit of the labours of others, or are you saying that the two researchers in this case are, following the recent decision, taking the fruit of the labour of the innovator companies?

Me? I am sitting back with my pop corn basket, waiting to see whether the utter mess in the US courts with respect to diagnostic testing patents, in combination with AMP v Myriad, will work in their favour or not.


So the "true colors" of Dr. Rosenfeld and Dr. Mason are revealed. So much for their objectivity as experts in the Myriad litigation.


Sorry for being unclear. Rosenfeld and Mason seem to have a warped sense of liberty, one that apparently includes the right to profit off of others' labors without paying fair compensation.

Agree with you that the courts have made a mess of things.

Hey -- the Lincoln quote is from "Abraham Lincoln, Vampire Hunter." It's the REAL story of Abe. And I'm so glad Rosenfeld and Mason expressly obtained the Supreme Court's blessing to start their business. It shows that anything is possible when you add the fuel of interest to the fire of genius! I just hope they don't infringe any software or e-commerce patents, my oh my.

Cashing in on Others' Work:

Yes, there is an air of righteousness about the video too, which makes me uncomfortable.

This often happens when high powered academic meets the patent system head on. The bruises always seem to be the fault of the patent system

For all of the Lincoln worshipers given a heroic image of lincoln in public schools, you should be aware of many of his racist statements and acts of violence before using him as a moral compass. If he ended slavery it was more accidental convenience than moral conviction. http://www.americanstalin.com
Mason and Rosenfeld have every right to start a company and seek profits. Profits are not evil but use of government force to obtain them is. Hayek won a nobel in economics discussing the Pricing mechanism which explains this very large distinction.

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