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« Conference & CLE Calendar | Main | Eagle Pharmaceuticals Inc. v. Slayback Pharma LLC (Fed. Cir. 2020) »

May 10, 2020


Readers are referred to the CIPA brief filed in the Athena case and to the fact that the categorical exclusion identified by the CAFC for methods of diagnosis places the US in clear violation of the TRIPS Agreement. While this is not a matter that individuals can take up, it is a matter that other governments might well take up in reply to any US initiative, and it is a matter that should be of concern to the present US administration. Respect for a US-initiated treaty by other countries cannot be counted on if the US itself does not respect it.

I write as an alumnus of Oxford University, twice insulted by the CAFC, firstly in Ariosa and secondly in Athena, both directed to ground-breaking inventions of major significance. Readers will note that the approach of the US courts has NOT been followed in other countries, notably not in the EPO and not in Australia.

A Watch List without the US at the top of the list is immediately suspect.

Just saying.

Paul and skeptical/anon, these USTR reports are, unfortunately, a tool created by the US to (sometimes erroneously) point to the (alleged) misdeeds of other while conspicuously ignoring its own misdeeds, the current status of diagnostic method claims being chief among those. For that reason, I don't know if anyone outside the US pays attention to these reports.


I agree that there is likely a high degree of skepticism outside the US on these reports.

Yet, it is still worth noting, here, on a US blog, that the Emperor indeed has no clothes.

Otherwise, the (unsightly) parade may just continue.

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