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« Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. (2015) | Main | What's Next? Some Consequences of the Teva v. Sandoz Decision »

January 21, 2015


Does the fact that gravity affects the public, make it a "public fact" in the vein of Justice Thomas?

I realize that the Justices tend to see a distorted world, but the words of Galileo come to mind with this wanting to force facts to be something other than what they simply are:

Eppur si muove


Hey Kevin,

Could one of those "consequences" you allude to be the "dueling dictionary" situation we had prior to Phillips? After Phillips, the primary determiner of what the claim terms meant was the "intrinsic evidence" such as the words of the claims themselves, the patent specification, and prosecution file history; the "extrinsic evidence" such as dictionaries was to be a "last resort" under Phillips if the "intrinsic evidence" was insufficient. But it looks like Breyer's majority opinion may open up the "dueling dictionary" debate again in litigation, and that will truly increase the litigation expense.

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