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« Conference & CLE Calendar | Main | Cuozzo Speed Technologies LLC v. Lee (2016) »

June 19, 2016

Comments

Bravo!

Now Chakrabarty was a decision of restraint, for which Mr. Cole should likely find sweet refuge:

The unambiguous language of § 101 fairly embraces respondent's invention. Arguments against patentability under § 101, based on potential hazards that may be generated by genetic research [or fill in ANY imagined danger that should strike up a Justice's 'fancy'], should be addressed to the Congress and the Executive, not to the Judiciary. Pp. 447 U. S. 314-318.

...and of course, this:

What is more important is that we are without competence to entertain these arguments -- either to brush them aside as fantasies generated by fear of the unknown or to act on them. The choice we are urged to make is a matter of high policy for resolution within the legislative process after the kind of investigation, examination, and study that legislative bodies can provide and courts cannot. That process involves the balancing of competing values and interests, which, in our democratic system, is the business of elected representatives. Whatever their validity, the contentions now pressed on us should be addressed to the political branches of the Government, the Congress and the Executive, and not to the courts.

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