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Biotech / Medical : SIBIA Neurosciences (SIBI)

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To: LLCF who wrote (398)6/24/1999 5:52:00 PM
From: Biomaven  Read Replies (1) of 579
 
That's certainly an interesting position that PFE is taking. Their point is basically that they should be allowed to buy one of your patented shovels and it should be no business of yours whether they then dig up gold with it.

At one level their argument is appealing - imagine if using some of the basic research techniques (like say electrophoresis or x-ray crystallography) meant you had to pay royalties on anything that you then discover.

At another level, notice what they are asking for - that the terms of the license be set by the legal system, not the patent holder. They are apparently saying that it is a misuse of the patent for SIBI to demand royalties on discoveries made using the patent.

I know just enough patent law to know that I am out of my depth on this one; but it's sure going to be interesting.

Peter
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