Friday, February 16, 2007 3:58:14 PM
IMO, J.Wilken should dismiss the suit for the reasons given by
INSM in its briefs....no case or controversy when the DNA complaints were filed, no subject matter jurisdiction. Whether she will have that opportunity to dismiss still remains to be seen.
It may be difficult for the average person to understand that the entire trial was advisory on a hypothetical question, given
the well-pleaded complaint did not plead any acts of infringement that were not negated by 35 USC 271(e)(1).
INSM in its briefs....no case or controversy when the DNA complaints were filed, no subject matter jurisdiction. Whether she will have that opportunity to dismiss still remains to be seen.
It may be difficult for the average person to understand that the entire trial was advisory on a hypothetical question, given
the well-pleaded complaint did not plead any acts of infringement that were not negated by 35 USC 271(e)(1).
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