Saturday, June 11, 2016

wait a minute, by cracky!

This supposedly is a big win for the American Consumer, who is angry about Big Rx power over everyone and everything connected with "health care" in America.

But thinking that is the same as thinking it's the job of the SCOTUS to act as social friction mediator who favors the cause of the moment.

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Who is Gilead Pharmaceutical?

Is it possible that even if Merck "lied to the court" and "lied to Gilead," Gilead lies to many others as it goes about its daily operations?

Is it possible that every party dragged into court can be found "lying" if the aim of the court is to find a "liar" and/or a "lie"?

How often does the court look for "lying"?  When was the last time you read a big sea-changing legal opinion suggesting a new wave of enhanced prosecutions on perjury charges?

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Is it possible that Judge Freeman's position/opinion is not really cleaning up the Big Rx patent field, but actually is just giving a big birthday or other holiday gift to Gilead?

How well-versed are you, reader, in the US patent and trademark laws?  in their enforcement?  in the judicial process overseeing the frictions and disagreements among patent holders, patent applicants and the USPTO?

Are you in any position to believe the linked story?  Are you in a position to discern where it shows bias?

It may just be easier to say, "hallelujah, Merck gets rapped on the nose AND knuckles, and finally ethical practice is restored in Big Rx, with the underdog Gilead coming out on top!"

It may be easier than asking whether Gilead is a flea.

Metaphorically speaking.

Or asking whether Freeman is a veterinarian, or just someone who plays one on teevee.

6 comments:

Paul Behrer said...

You don't even have to step further than one page of search results to find this:

That leaves what are far and away Gilead’s two biggest moneymakers, HIV/AIDS drugs and flu treatments.

http://www.investopedia.com/articles/markets/081114/how-gilead-sciences-became-big-name-biotech.asp

Flu treatments? I need a shot that gets me to stay home and rest for 24-36 hours, eat properly, drink plenty of water, and stay appropriately comfortable body-temperature-wise?

Hey, they shoot arms at the grocery store now!

Anonymous said...

Hey Pablo this is Chet from a remote work station.

I don't know about any of that stuff you mentioned. I've never had a flu shot and don't need HIV/AIDS medication or treatment.

Here's something I do know a little bit about: the same topic as the main entry above, what the American IP system does and how interests get litigated -- use the URL to find the story.

Remember, insurance companies don't really have a stake in seeing IP litigation get funky, over-subjective, or tainted by pseudo-science and false distinguishability.

http://www.businessinsurance.com/article/20160614/NEWS06/160619932

Paul Behrer said...

Chet also texted me this link after submitting that comment.

http://www.uspto.gov/web/offices/pac/mpep/s706.html

I suppose he'll be along later to explain what it means.

Chet Redweld said...

Here's what the link meant, Pablo.

How many tumbleweeds think they know US Patent/Trademark/IP law?

How many can understand that portion contained in the link?

Do they pay attention to "novelty" as culture-meme, or as defined in the applicable patent laws?

How does a patent judge view "novelty"?

Illusory experts, keeping you baffled!

Harold Caidagh said...

I'm sure Glenn Greenwald knows -- he's a leviathan of jurisprudence! His word is the last word, always!

That's why he had to leave his Big Name Firm employer, because he was too smart for everyone! Nobody ever climbs or flies up to Glenn's aerie! Can't reach it!

Anyone ever notice how many parentheses belong around Glenn's name? Is it 3 pair?

Karl Franz Ochstradt said...

Glenn's moved to Brazil to help consolidate multi-culti there. One more Hexagon among the Portuguese! With buttfucking bonus!

God help the little Brazilian boys whose bungholes are now Glenn territory. The Elder Docent wants to help them learn the joys of man-on-boy sex.