Her ruling is a hill of beans and everyone (SHOULD) know this.
She'd server each and every great American idea up to Chinese counterfeiters if she had her way. Im glad they're retiring her soon.
I don't think that is a fair opinion of Ilston. Not sure if you personally know a judge. I happen to know a few and its funny how their job gets into their head. They suddenly become right about everything.
Well Ilston is no different. She went out of her way to support her prior ruling...AMAZING TURN ABOUT?
NO. ITS ILSTON STANDING FOR ILSTON.
FC is where it gets down to the nitty gritty...does SEQ own a capture of nature patent or does SEQ own a unique process patent?
Ilston has finished her damage on the company. Now we move to a bigger venue.
BUT no doubt, KS has a tougher road to present in appeal.
She is for IP if it involves hollywood - she understood that copying DVD's isnt fair because of how much money was spent to make the movie. However, copying IP for dare I say "womens" medicine?.. Thats ok...
Oh, I dont think she's anti women's medicine, she's just against rewarding an entity that's spent hundreds of millions of dollars inventing, discovering, refining and proving new life altering technology a period of safety from competition in which to recoup their expenses and God FORBID, make a profit. If one looks at Netflix who sued to protect from use something as simple as their proprietary DVD mailier envelope and won, then it's truly DUMBFOUNDING how this stupid woman was able to make an argument denying Sequenom in the Lo patent. DUMBFOUNDING! Im glad they'll be retiring her soon!
Here's the way it works in THIS country Judge:
In the United States, under current patent law, the term of patent, provided that maintenance fees are paid on time, are:
For applications filed on or after June 8, 1995, the patent term is 20 years from the filing date of the earliest U.S. application to which priority is claimed (excluding provisional applications).
For applications filed before June 8, 1995 and for patents that were still in force on June 8, 1995, the patent term is either 17 years from the issue date or 20 years from the filing date of the earliest U.S. or international (PCT) application to which priority is claimed (excluding provisional applications), the longer term applying.
Sentiment: Strong Buy
No she is NOT powerful, she is simply FIRST to rule. The FC did not want to step in until a correct claim construction was set. Ilston has set that and ruled based on how she sees in light of the Supreme Court's Myriad ruling..now the onus is on KS's legal minds to find fault with Ilston's thinking when they again appear in front of the FC, which found fault with Ilston's first round of "thinking".
Basically, Ilston has hide behind the Supremes ruling in the Myriad case. Not sure how she could evade SEQ's stated NON-CLAIM of cffDNA, but she has.
"Capture of Nature" ruling is a tall wall to climb...but it has been climbed before.
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