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« Conference & CLE Calendar | Main | New Vision Gaming & Development, Inc. v. SG Gaming, Inc. (Fed. Cir. 2021) »

May 23, 2021

Comments

I am waiting for other Sovereigns to put the US on their own similar type of list in regards to the judicial branch rewriting statutory law and not giving full protection to certain forms of innovation.

The way for this to happen, skeptical, would be for a country like France bringing an action in the WTO against the US on behalf of a French company, like sanofi who has patents on their technology invalidated under Section 101

“ France bringing an action in the WTO against the US on behalf of a French company, like sanofi who has patents on their technology invalidated under Section 101.”

I would be delighted to see this happen. That would be just the thing necessary to get Congress to bestir itself to fix §101 in the face of the sort of opposition we saw a few years ago from the banking industry and Silicon Valley.

Still and all, Mayo came down almost a decade ago. Our WTO partners have had ample time by now to bring such an action, but they do not seem particularly eager to do so. For better or worse (mostly worse), it seems that no white knight will be riding to our aid on this one.

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