Monday, April 18, 2005

No concern about getting the right science?

I was at a medical conference on April 17 and had an opportunity to discuss patent issues with some of the attendees.

One Ph.D. expressed concern that courts did not worry about getting the science correct when handing down decisions.

The recent non-precedential case of Sunny Fresh Foods v. Michael Foods and North Carolina State University is illustrative. Therein, the issue of whether realistic activation energies had been chosen(Arrhenius equation situation) was the crux of the science matter.


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