Replies to post #157428 on Biotech Values

[DewDiligence]

You’re exactly right—here’s an excerpt from MNTA’s petition to the USSC (from the FDA Law Blog referenced in jq’s post [#msg-84999708]):

The Federal Circuit [the appellate court that lifted the Lovenox injunction] has shown no willingness to correct its interpretation or to provide the needed certainty. In the absence of guidance from this Court, future panels will have two purportedly binding precedents from which to choose. District courts are left adrift with two conflicting compasses, each purporting to be definitive. Companies attempting to chart their own courses have no idea whether they are free to use patented inventions or whether such use will subject them to infringement liability. The pharmaceutical industry cannot wait for the Federal Circuit to get it right (or wrong) a third or fourth time.