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Re: exwannabe post# 135598

Tuesday, 01/24/2012 9:48:52 PM

Tuesday, January 24, 2012 9:48:52 PM

Post# of 257265

I suspect the Hatch-Waxman argument is going nowhere fast, In the closing moments one Judge ask the Amp. lawyer if their argument would make all mfg control patents useless in this case.

At the end of the discourse the Judge said "That is not the purpose of Hatch-Waxman. I was there , I wrote that"



I thought that was an odd statement from Chief Judge Rader, but sure enough, he was a legislative counsel for a number of years in the House, and there is no reason to doubt that he wrote the relevant Hatch-Waxman provisions at issue here. From his CAFC bio:

Before appointment to the Court of Federal Claims, Chief Judge Rader served as Minority and Majority Chief Counsel to Subcommittees of the U.S. Senate Committee on the Judiciary. From 1975 to 1980, he served as Counsel in the House of Representatives for representatives serving on the Interior, Appropriations, and Ways and Means Committees.



Combining this background with the fact that he wrote the majority opinion in Celsis in Vivo issued 2 weeks ago upholding a PI against an infringer of process patents, I like the chances that the PI here will be upheld. A link to the Celsis opinion can be found here:

http://investorshub.advfn.com/boards/read_msg.aspx?message_id=70811441

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