<Why do you append "from another company"? Do you believe that patent laws should differentiate a corporate effort from an academic one?>
No. Sorry, it was an oversight, I did mean all patents, regardless of where they come from. I've been away from academia for awhile.
<If you use someone's tool and they had the foresight to patent the tool's design, you should pay for it or you are stealing.>
I do think they should have to license the technology; I thought or would think that what is in question is royalties if a new drug is discovered, using SIBI's technology.
I do agree Pfizer shouldn't be suing SIBI. Either way, they lose. If they win, it will be perceived as Goliath vs David, so big deal. If they lose, they lose, and it makes them look pretty stupid, especially after SIBI's win against Cadus. Was the same patent involved?
Having a jury trial decide patent issues is like having a jury decide which clinical endpoints should be used for clinical trials. What does a jury know about the science?
Looking at the post by Luke, I haven't had time to read it, but I hope Pfizer hasn't set SIBI up for a declaratory judgement in their favor, just on technicalities of patent law based on other legal decisions.
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