Supreme Court Leaves Us Hanging On Crucial Patent Case
from the big-surprise-there dept
We've become used to the Supreme Court avoiding major patent issues, as it tends to rule on peripheral aspects of the law or refuse such cases outright. So it's no surprise that the Supreme Court has punted in the case of LabCorp Vs. Metabolite on the question of whether medical facts can be patented. In the case, LabCorp had argued that it wasn't guilty of patent infringement by employing a therapy that relied upon a specific medical phenomenon patented by Metabolite. Unfortunately, instead of resolving this important issue, the court dismissed the case over an undisclosed technicality. In the minority, three judges seemed to grasp the gravity of the case, noting that the failure to resolve it "threatens to leave the medical profession subject to the restrictions imposed by this individual patent and others of its kind". In the meantime, the best we can hope for is that more restrictions prompt another case to wind its way through the courts.






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Read the dissent
The majority has apparently not said why they decided to not decide the case. It may be that the record (body of evidence) in the case did not provide an appropriate basis for deciding the underlying patent law issue.
There is something profoundly screwy about the underlying decision at the trial and appeal and that may be part of the reason that SCOTUS decided to abandon the case.
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the cure
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seems familiar
@#3
Must of been a tie on who threw the most money their way. [ /spelling nazi]
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Re:
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Re:
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corporatism
sounds like a decision a ceo or manager would make in a corporation
just pass the buck and don't decide anything
I am sad for our country - it ran by nothing but middle managers.
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These method patents are very hard to enforce
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This particular court?
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Silly
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Split
Is everything becoming a 50/50 proposition - the popular vote for president, the party makeup of the Senate, whether a patent will be upheld in court or not, the numbers of people for and against patenting business methods, whether Anna Nicole will get to keep the love money........
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discount viagra
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