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May 31, 2023

Comments

What is so frustrating about 101 jurisprudence is that many times it's created by bad actors. Here, Natera is that bad actor. They sought invalidity against claims that are very similar to claims in their own patents (hundreds pending or issued in a family; cfDNA multiplex PCR, some with sequencing and ploidy calling). So I guess they are OK with just blowing up the whole industry to get their way, or they figure if they get their claims through PTO then they can keep playing the game

To the question at title of this article, based on today's concurrence in Allen v Milligan, the answer has been 'tipped off' by none other than the named erstwhile potential Supreme Court tool of the Kavanaugh Scissors: No, the Court will not fix what the Legislative Branch can 'easily' choose to fix.

Will that Branch do so?

(in this fractures, politicized, and largely captured environment, sadly, I am quite:

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