SubTitle: Mayo v. Prometheus or How I stopped worrying and learned to love the Idiocracy)
(The above first link is to all things Mayo v. Promo (a Google search). This following link: here provides the decision in HTML accessible format as opposed to PDF format here: Mayo v. Promo. Left click on image at right to see list of Briefs filed before the US Supreme Court.) Click on summary bullet number to jump to section.
It is the patriotic duty of an informed public to loudly protest when a governmental body, even the US Supreme Court, comes out with a Stinko-da-Mayo result such as this one.
Overview: Sadly, what this post will show is that:
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• 2. The US SCt does not know, or intentionally misinforms on what function a "patent claim" is supposed to perform, • 3. The US SCt does not know, or intentionally misinforms on what a "method step" is, • 4. The US SCt does not know, or intentionally misinforms on what a "Law of Nature" is • 5. ... (to be continued/updated) |
(Left & Right barbed wire images will jump you Back & Forward in section numbers)
Why even care?
Because soon they will be hanging a new BANNER,
"NoT-BIO-DH"
draped across the entrance to the SCt. Building:
(Not To Be Invented Or Discovered Here)
Indeed, a claim for "Barbed Wire" recites nothing more than Laws of Nature:
1) A ductile metal bent into shape retains its shape
2) If you bump into a sharp point, you will bleed
American inventors are being slowly bled to death by one unkind SCt. cut and then a thousand more like it:
Benson,
Bilski,
Prometheus, ... and what is next?
Perhaps a blog post that sums up the situation most succinctly (for patent experts) is Patent Doc's lament: "We have met our 'Benson' and its name is 'Mayo' " (paraphrased). For more Patent Doc laments, see here
__________________________ Detailed analysis:
In the "Legal Universe", when the US Supreme court speaks, its words trump the very "Laws of Nature".
On the other hand, in the more humble world of "Science" (should you even be so lame brained as to believe in that most-obvious of "hoaxes" /sarcasm),
(1) Mother Nature always bats last,
(3) is at bat throughout the almost-endless baseball game.
In that game, she often moves in a way that blocks scientists from seeing exactly how (or getting to understand exactly how) Mother Nature bats.
If lucky, they get a glimpse of the ball's trajectory after Nature has cracked her bat against it.
Then they go at it by making up stories, rules, abstract theories about what they think Mother was doing, how she was doing it and what she will do if confronted in the future with similar inputs. (The last part is called predictive modeling --calling the ball's trajectory even before Mother Nature bats its out of the ball park).
Mother doesn't care one owl's hoot about what the scientists' abstract theories say.
She does her thing irrespective of the noises the monkeys make amongst themselves.
Mother has no plans of coming down from the mountain top with stone tablets in hand, merely for the sake of proclaiming her "laws" to one tribe of monkeys or another. No one knows if her laws can even be expressed in a manner that the human mind can grasp. That possibility is one that Mother does not fret over.
Stepping boldly forward into this arena there come the "Magnificent Nine" (M9). These 'Wisdom-spewing' lords and ladies arrive gowned in black robes and steeped in learned chanting of laws of the 'legalized mind'.
They stare unblinkingly at Mother Nature as she stands in the batter's box. They throw their curve straight at her face, fully expecting Mother to step back and to show some humble deference before the awesome powers of the "Magnificent Nine" (M9). They utter legal-eagle incantations about Her "laws". They fail to see that she steps back not. Their curve balls vaporize into hot air before even coming close to Mother Nature's batting position.
Read more ... here Read the Supreme Court opinon itself by clicking the below: MAYO COLLABORATIVE SERVICES v. PROMETHEUS LABORATORIES, INC.
