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Re: MontanaState83 post# 303611

Wednesday, 10/07/2020 10:13:33 AM

Wednesday, October 07, 2020 10:13:33 AM

Post# of 426487
The good thing about the dissent is that Prost showed her political bent hand.

Judge Newman subtly called her out on this saying this is not the role of the court but Congress. Judge Newman said:

"Nor is this appeal a policy debate about whether GSK
made enough money from carvedilol in past years, and
therefore should not be permitted to enforce its patent on
its discovery of this novel method of prolonging life for
persons with congestive heart failure. The implications of
the dissent’s position are vast, and if enforcement of
patents on new discoveries varies with the extent to which
the patentee has profited from past discoveries, this is a policy matter for Congress, not a factor in judicial review
of jury verdicts."

I believe Judge Newman is also speaking to other members of the court with her statement above.

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