Not exact matches
As long as the patent is valid, the company has a monopoly, leading to windfall profit
As long
as the patent is valid, the company has a monopoly, leading to windfall profit
as the
patent is
valid, the company has a monopoly, leading to windfall profits.
The linguistic and biblicist vetos have been seen to be both arbitrary and unwarranted — which makes it all the more pathetic that Dr Paul van Buren in The Secular Meaning of the Gospel still seems to accept them
as valid and to rule out «God - statements»
as «meaningless» while at the same time his excessive Barthian christocentrism and bibliocentrism turns the
patent intention of scriptural statement into a parody of their proper meaning.
The other parts of the verdict form ask slightly more nebulous questions, like whether claims within the
patents from both sides are
valid, and the all - important dollar amount that one side or the other is owed
as a result of any infringements.
The group says this shows that the Harvard onco - mouse is not
as useful
as the
patent holder claims, and therefore the
patent is not
valid.
Writing for the majority, Judge Alan Lourie concluded that Myriad's basic
patents on BRCA1 and BRCA2 sequences were
valid because they applied to «isolated DNA,» or complementary DNA (cDNA)-- not DNA
as found in the body.
Although the court ruled that human genetic material is not patentable — there is «no doubt that naturally occurring DNA and RNA
as they exist inside the cells of the human body can not be the subject of a
valid patent,» Nicholas wrote in his opinion — it concluded that the process of isolating the BRCA1 gene from the human body required human intervention.
Although finding a compound
patent valid based on actual utility after construing a low Promise, Mr. Justice Rennie recognized (in obiter) there would be problems with a sound prediction of any higher Promise, and referred to the «common view» of the disclosure requirement of AZT
as follows:
If functional elements such
as rounded corners (everyone carrying a phone in a pocket would agree that they have a practical benefit) were deemed to be «owned» by a design
patent holder, juries could easily identify «infringements» where there aren't any, or they could consider design
patents valid when the only relevant characteristics — the ornamental features — are not new.
Issued
patents are presumed to be
valid, but you can still show they are invalid, and one way to do that would be by showing that they name someone who stole the invention
as the inventor.
«The problem in Canada is if you're a commercial enterprise your normal reaction is to say «I don't think these
patents are very
valid so I'm going to enter the market and if they sue me then I will defend it,» but
as a public hospital you can't do that,» he says.
I agree that the
patent system, especially w / r / t software
patents, seems to be out of control, but this seems like it might have a chilling effect on
valid patent lawsuits naming large or well - funded corporations
as defendants.