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« G.D. Searle LLC v. Lupin Pharmaceuticals, Inc. (Fed. Cir. 2015) | Main | AIPLA Patent Cooperation Treaty Seminar »

June 25, 2015

Comments

it has been always hard to satisfy all possible wordings, Keep watching which side the camel sits this time.? https://twitter.com/BiosimilarIP

Why don't the Feds just admit this whole Markman thing was a mistake, and give the claim interpretation function back to juries where it belongs. Let good lawyers marshal evidence and make their best arguments to juries, and stop all this nonsense.
Also, we desperately need appropriately qualified, experienced Patent Lawyers on the Federal Circuit. How can the Patent Bar at large not see this? Experienced Patent Lawyers should be making these decisions, not history professors turned judges. Our method of populating the Federal circuit Judiciary is entirely unsound.
Until we evolve to a network of Article III "patent trial courts," to become a feeder system for Federal Circuit Judges, which is what we really need, we should let the wisdom of lay juries decide these things. Lay juries will get it right just as often, if not more so, than these "lay" judges drawn from academia and Lord knows where else. None of these people have spent any time in the trenches writing, prosecuting, defending, and enforcing patents. They have no contextual or working knowledge of the realities of how the patents they are opining about come into existence and are supposed to function in advancing our modern "high-tech" system of industry and commerce.
Meaning no disrespect, but they don't know what they are talking about. We need to fix this Federal Circuit thing soon, or people will lose confidence in our patent system and force Congress to do something radical, like move to a "registration" system. We need to vocally get behind constructive ways to fundamentally reconstruct our system for handling patent disputes, or we're all going to be sorry.

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