Comment Law must be specific in its scope (Score 2, Informative) 123
"I can't help feeling that our legal system just missed an opportunity to reign in patent abuse."
Try to help it, because the proper role of the Supreme Court (your agreement/disagreement with any other rulings notwithstanding) is not to legislate but to test the legality of rulings.
Although this fine point may be missed by some, it is nevertheless a key point.
Remember the legality of the patent system is not the core issue in this case, but rather the extent to which patents can be interpreted in resolving intellectual property disputes.
Summary for the "Law for Dummies" crowd: Just because the case is topically related to an issue close to your heart, doesn't mean it's the court's job to solve every perceived inequity within the subject range. The courts primarily serve as an interpretive body and not a legislative body.
The Supreme Court in this case rightly rejected the lower court's illegal provision which based the consideration of equivalents on a technical matter of modifications made during the application process.
It is not for the Supreme Court to sniff out law-making opportunities out of an issue-related case, but rather, to deal with each case as it comes to them through the court system.
-silly
Try to help it, because the proper role of the Supreme Court (your agreement/disagreement with any other rulings notwithstanding) is not to legislate but to test the legality of rulings.
Although this fine point may be missed by some, it is nevertheless a key point.
Remember the legality of the patent system is not the core issue in this case, but rather the extent to which patents can be interpreted in resolving intellectual property disputes.
Summary for the "Law for Dummies" crowd: Just because the case is topically related to an issue close to your heart, doesn't mean it's the court's job to solve every perceived inequity within the subject range. The courts primarily serve as an interpretive body and not a legislative body.
The Supreme Court in this case rightly rejected the lower court's illegal provision which based the consideration of equivalents on a technical matter of modifications made during the application process.
It is not for the Supreme Court to sniff out law-making opportunities out of an issue-related case, but rather, to deal with each case as it comes to them through the court system.
-silly
