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« Federal Circuit Invalidates A. G. Bell's Telegraphy Patent | Main | Federal Circuit Issues Order Clarifying Status of Doctrine of Equivalents »

September 03, 2019


The phrase:

"the majority saying "[a] neonate patient's body will react to iNO gas in a certain way depending on whether or not the patient has a congenital heart condition called LVD," followed by a recitation of the consequences thereof."

may be used against any (and all) pharma patents.

The extension of the logic of "well, that's just the body following a natural law" EVISCERATES the foundation of the utility of any (and all) pharma.

May the "law of unintended consequences" be called a "law of nature?"

Thanks for reporting this, Kevin. With that panel, this outcome - and the way it was reached - was a foregone conclusion. Evidently Prost and Dyk think that medical advances will just occur on their own.

And when I see a case like this, I can't help but be a little irritated at Judge Rader. A single lapse in judgment on his part led to abdication of the CJ position and then shortly thereafter his position on the court altogether. Had he been on this panel instead of Dyk or Prost, it's clear the claims would have passed 101, as they should have. But then, had he stayed CJ in 2014, much of today's Alice/Myriad/Mayo mess might not exist.

Atari Man,

I have to disagree on the view of how history may have unfolded - remember if you will, that Rader WAS ALREADY at his "wits end" with the CAFC at the Alice en banc stage (read again his musings therein).

The CAFC is rudderless; or up a creek without paddles -- feel free to choose your analogy.

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