and even if Defendants were found to be using the claimed methods, Plaintiffs’ infringement claims would be barred by the safe harbor provisions of the Hatch-Waxman Act, 35 U.S.C. § 271(e)(1).
Is that even Constitutional under Article 1 section 8? Does it impair the exclusive right to the discovery?
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
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It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes